WHY DO SOME SCHOOL DISTRICTS EMPLOY ARMED RESOURCE PERSONNEL IN THEIR SCHOOLS WHILE OTHERS DO NOT?

A PSYCHIC DISTURBANCE PERVADES THE THOUGHT PROCESSES OF MANY SCHOOL DISTRICTS: A SINGLE-MINDED, ABERRANT ANTIPATHY TOWARD AND FOCUS ON GUNS PREVENTS THESE DISTRICTS FROM INSTITUTING PROVEN SECURITY MEASURES THAT DO WORK AND, IF IMPLEMENTED, WOULD PROTECT CHILDREN FROM THE DANGER POSED BY VIOLENT ARMED AGGRESSORS

MULTISERIES ON THE ISSUE OF SCHOOL SAFETY

PART TWO

There are 731 School Districts in New York.But how many of these Districts have established an effective security plan?An effective plan incorporates armed resource personnel. The South Huntington School District (SHUFSD) knows this and has designed a plan for school security utilizing armed resource personnel. On Wednesday, January 25, 2023, updated on January 26, 2023, two reporters, John Asbury and Craig Schneider, writing for “Newsday,” a leading news source for Long Island and New York City, discussed this plan. They said, “Armed guards will be stationed outside all South Huntington school buildings by the end of the month, one of several Long Island districts making that choice as school shootings continue to be a terrifying national trend.” The reporters added, that, “[t]he South Huntington school board voted unanimously Wednesday to implement the new security measure.” In a follow-up “Newsday” article, published on January 28, 2023, the reporter, Craig Schneider, cited remarks of Dennis Callahan, who heads the South Huntington Teachers’ Union, writing,“The head of the teachers union for South Huntington schools said Friday that his members have strong but very different opinions on the district's decision Wednesday to use armed guards at schools.‘I have members who are thrilled about it and others who are vehemently opposed,’ said Dennis Callahan, who also teaches AP Spanish at Walt Whitman High School in the district.The South Huntington school board voted unanimously to spend $750,000 to hire an undisclosed number of armed guards, who officials said will be stationed outside the seven school buildings by the end of the month. School Superintendent Vito D'Elia pointed to the long string of shootings in school settings in this country.On Friday, Callahan said teachers supporting the move ‘say we are in an unsafe world, and we need to do everything in our power to ensure that when students come to school in the morning, they get home safe.’Those opposed, he said, worry that ‘bringing weapons into school opens the door to more violence.’”How can the utilization of armed resource officers “open the door to more violence”? The idea is more than a trifle vague. Let’s delve into this.Are teachers who oppose armed resource officers afraid the officers would themselves turn on the students and administrators and staff, developing or harboring violent proclivities and thereupon becoming violent? If so, what evidence is there of any such incident ever before occurring in a school that utilizes armed resource officers? These teachers proffer none because there is none. Nothing like that has happened. And there is no reason to suggest an incident of this sort would ever happen. The idea does not merit serious consideration. It leads one down a blind alley.What then can one make of the claim that utilizing armed resource officers would open the door to more violence? Perhaps, teachers who oppose a school security plan utilizing armed officers simply abhor the idea of guns in the school or on school grounds regardless of the benefits derived from having armed officers in the schools and thereupon conjure up an unlikely scenario. If so, there is, in the assertion, a note of hysteria, grounded on a neurotic phobic reaction to the very thought of “guns” and gun-wielding guards. We explore this idea, infra.Perhaps, as a sop to those teachers who suffer from an irrational fear of firearms, or, otherwise, in spite of that irrational fear of firearms felt by many within the District, the South Huntington Board of Education said armed personnel would be stationed outside school buildings, never inside the buildings.A school district that refuses to utilize armed resource officers cannot effectively “harden” schools against a dangerous armed threat. This should be obvious to everyone. Apparently, it isn’t since many school systems refuse to acknowledge this. A fanciful notion, devoid of demonstrative proof or logical validity, leads one down a blind alley. All the more horrific to consider that irrational feverish beliefs inform a school district’s policy decisions. And it is the children who pay the price.Consider: One of the largest school districts in the Country, the New York City School District (UFT), has opted out of using armed resource personnel.“Too many elected officials, school boards, and teachers’ union leaders propose solutions that don’t work.They aren’t interested in listening to parents who, increasingly, have little voice in the matter of their children’s education and no voice in the matter of their children’s personal safety while in school.Their solution to school shootings proposed boils down to one thing: ‘Get Rid of the Guns.’” See the Arbalest Quarrel article, satirically titled, “How to Guarantee Future School Shootings,” published, on November 17, 2022, by Stephen L. D’Andrilli, CEO and President of Arbalest Group, LLC.The failure of some people to recognize the difference between lawful uses for guns and unlawful criminal misuse points to the evident effectiveness of an elaborate propaganda campaign perpetrated on the public and vociferously and monotonously perpetuated for the last few decades.It is a campaign that involves many actors—news media, pundits, politicians, antigun activists, and powerful health organizations, like the “American Medical Association” (“AMA”) and the “Centers for Disease Control and Prevention” (“CDC”).These multivarious actors are all focused on and draft narratives around this thing, “Gun Violence.”Well, there are “Guns” in our society and there is “Violence” in our society, too. All that is true enough.But the words ‘Gun’ and ‘Violence’ aren’t synonymous. It is only thinking of the two as inseparably linked that would make it seem so.Conjoin two disparate words ‘Gun’ and ‘Violence’ and, voilà, the propagandist has, in that, a shorthand rhetorical device, ‘Gun Violence,’ a neologism—one in service to an insidious agenda, centered around a nefarious end, injurious to a free Constitutional Republic: the disarming of the American citizenry.The aim is the elimination of the natural law right of the people to keep and bear arms in defense of self and in defense of innocent others.Americans will not readily sacrifice their Bill of Rights. They must be urged to do so.It takes ingenuity and subterfuge to coax Americans to willingly forsake rights and liberties that no other people of any other nation on Earth possess.The phrase, “Gun Violence,” is a viral meme, infecting the psyche of the public. If the pursuit of public health and safety is the goal, the reduction of “Gun Violence” is the theme played and with little variation to get the public there. Or so the public is told. And many there are who swallow the lie.The American public is presented with the classic “false dilemma” fallacy narrative:TOTAL CIVILIAN DISARMAMENT AND A PEACEFUL, SAFE, WELL-ORDERED, WELL-ENGINEERED, HARMONIOUS, SOCIETY VERSUS THE WELL-ARMED CITIZEN AND CONTINUOUS, UNINTERRUPTED, SAVAGE, RAMPANT GUN VIOLENCE.THIS ONE OR THAT ONE ONLY: THE ONE OR THE OTHER, BUT NOT BOTH, AND NOT NOT EITHERBut the tension isn’t real. The armed citizen, which, in the context of schools, is the armed resource officer, does not aggravate the threat of criminal violence by virtue of being armed. This is contrary to the view of many teachers and board members. The officer mitigates and repels that armed aggressive threat. Similarly, the armed civilian citizen neither causes nor adds to criminal violence, but rather mitigates criminal violence.Many Americans fail to perceive this. Many simply cannot perceive this. But, perversely, many others have the desire not to perceive this.And, the UFT, for one, certainly cannot see this. That says much of the cunning of those who instigate this incendiary narrative of “Gun Violence” while being careful to omit any mention of “Criminal Violence.” There is a method to this madness.The propagandists emphasize the object “The Gun” while, at once, deemphasizing the agents of violence: “the Criminal” and “the Lunatic.”This false narrative has a profound effect on the policy choices that politicians see available to them. The policy choices made, invariably endanger, rather than safeguard, their respective communities.Similarly, this false narrative has a profound effect on the choices that school districts make when designing a security plan for their schools. Some districts eschew the “hardening” of schools altogether, single-mindedly focused, as they are, on their abhorrence of “Guns.” Focusing entirely on guns, they conclude that children cannot be safe until or unless all guns are eliminated from society. That is impossible, a ridiculous demand, and one that would not prevent rampant violence anyway, as long as criminals and lunatics run amok in society. And, they would continue to run amok. The forces that crush western nations and people realize the usefulness of sociopathic and psychopathic elements to destabilize nation-states if allowed to do so, and they are given free rein to do just that in the United States.Such absolutism compels one to believe falsely in the futility of securing schools from harm. But Progressives, who ascribe to this absolutism comprise the majority of these School Boards. They make all kinds of excuses for the behavior of the worst sort of deviant types, placating them, unable to comprehend that these same lunatics and psychopaths have no regard for the hand that feeds it, and will readily bite it off if given the chance. So, these Progressives, these smug do-gooders, vent their wrath on Americans who would dare exercise their right to armed self-defense to thwart the destructive elements allowed to pillage and destroy businesses, homes, people, and institutions, with abandon.  Progressives comprise the majority of these School Boards. They make all kinds of excuses for the behavior of the worst sort of deviant influences, placating them, unable to comprehend that these same lunatics and psychopaths have no regard for the hand that feeds it, and will readily bite it off if given the chance. Instead, these Progressive do-gooders, vent their wrath on Americans who would dare exercise their right to armed self-defense to thwart the destructive elements allowed to pillage and destroy businesses, homes, people, and institutions, with abandon.  These Progressives direct their energy against the average law-abiding, rational, responsible, gun-owners, and against the mechanism of their survival, the firearm, believing firmly, and nonsensically, that disarming the gun owner and destroying guns will safeguard society, secure the public schools, and protect the children. It will do no such thing.  Consistent with that belief system, Progressive members of School Boards believe safeguarding children is impossible where guns are prevalent in society. Knowing that they will not get rid of guns nor that they will be able to defeat the exercise of the natural law right to armed self-defense, these Progressive school board members, disgruntled, and enraged, but refusing to acknowledge defeat, forsake designing, and implementing any security measures, hoping and trusting or simply desirous that the life of their charges will one day, in a Golden Age, be safeguarded once guns all disappear from the face of the Earth. Till, then, they will do nothing to protect the children in their schools. It is a kind of Nihilism that sweeps through these School Districts, pervading all thought, a sickness hidden in plain sight only because the highest officials and functionaries of Government suffer from the same ailment, a psychic disturbance wrought by those poor sorts that have inculcated the psychotic dogma of Diversity, Equity, and Inclusion, a dogma incompatible with our Nation's rational historical, political-philosophical creed, embodied in our natural law rights, emanating from the Divine Creator, that the new false secularism repudiates out of hand.These school districts hope the children in their care will be safe but believe they really won't be, and that, since nothing can be done, to prevent, in their mind, harm to their charges, they feel it is senseless to even try. So, they won't.This bizarre position emanates directly from the thinking of the repugnant Biden Administration itself. And, unsurprisingly, but no less unfortunate, many school districts, including the UFT, take their cue from this Federal Government. See June 6, 2022, report in Breitbart.And, since the public psyche is infected with the false notion that the existence of guns invariably threatens the physical and emotional health and safety of children, many public schools around the Country have opted out of employing armed personnel in schools.So it is, that some school districts, apparently so disheartened, disillusioned, and embittered as a result of their obsessive fear over the “proliferation” of guns and this thing, “Gun Violence,” have refrained from undertaking instituting any measures whatsoever. Consider, e.g., a 2007 report from the “National Institutes of Health” (“NIH”), that must bear some responsibility for this.A long-running campaign of psychological conditioning, undertaken by a plethora of organizations over a broad landscape of institutions, often operating in concert, and on an industrial scale, has succeeded in causing psychopathy in the minds of many Americans.And this elaborate propaganda campaign negatively impacts the decisions political leaders make: Governors of States, Mayors of Cities, and Members of School Boards.So powerful is this propaganda campaign that many Americans do not distinguish, indeed cannot distinguish, between criminal use of guns on the one hand, and non-criminal proper, lawful use of guns by average, rational, responsible, law-abiding people, on the other hand.The founders of our free Constitutional Republic would be puzzled indeed to consider that such a failure of reason could gain such wide currency.The founders of our Republic, the framers of our Constitution were acutely aware of the profound importance of firearms to both the creation of and maintenance of a free RepublicThey were certainly aware of the profound importance of firearms to the creation of and maintenance of a free Republic where the common man would stand and must stand sovereign over Government lest tyranny arise, as tyranny must, where good men have neither the will nor the means to prevent it.Guns are only a tool, inanimate objects, but necessary ones. Like any tool, a gun can be utilized for good or ill, dependent upon the nature of the sentient agent who wields it. A “firearm,” being insentient, is incapable of engaging in harm initiated by itself but listening to antigun zealots, one tends to hear them argue otherwise.The founders of our free Constitutional Republic certainly were aware of the importance of firearms as the most effective means to successfully safeguard human life from predatory creatures, predatory men, and predatory Governments. Our Country would not exist without the will and courage of these men, our Founders, and the means required to repel tyranny.Knowing this, one is left to ponder that——The failure of so many Americans to recognize the utility of firearms (“Guns”) as a source of positive good must be by design.The danger to the life, safety, and well-being of innocent Americans, especially children, is palpable.Sadly, there are powerful, ruthless forces machinating against the well-being of our Nation and its people, and they exert that influence on politicians at all levels of Government, and on businesses, media, the Press, and school boards across the Nation—with devastating effect. The felt impact of this, demonstrated by the money and time spent to undermine the natural law right to armed self-defense, is too much in evidence to be reasonably denied.Inducing in the psyche of a person a deep-seated phobia toward “the Gun,” such that a person finds nothing salvageable in it, suggests a dark and sinister intent of powerful forces to disarm the citizenry. That influence manifests in poor policy choices of Government officials, across the board, leading inevitably to rampant crime in our communities, lax security in our public schools, and the collapse of our sacred rights, and liberties, and institutions.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK’S SULLIVAN ACT OFFENDS THE SECOND AMENDMENT TO THE U.S. CONSTITUTION AND MUST BE STRUCK DOWN

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

MULTI SERIES

PART TWENTY-THREE

SUBPART A

NEW YORK HAS ENACTED MANY GUN MEASURES FOR WELL OVER A CENTURY, BUT THERE IS ONLY ONE GUN LAW: THE SULLIVAN ACT OF 1911

For well over a century, ever since the enactment of the notorious Sullivan Act of 1911, the New York Government has successfully weathered all challenges to it.Since then, New York has enacted many laws directed at guns and gun possession, but these laws, properly understood, are not standalone gun laws. They are all revisions or amendments to the archaic Sullivan Act.This means that, while New York has MANY “gun laws” (lower case), the State truly has only ever had ONE “GUN LAW” (upper case).It is important to understand this. As long as the Sullivan Act exists, Americans residing or working in New York who desire to exercise their fundamental natural law right to armed self-defense will face constant obstacles and hurdles, and even Government harassment that negatively impacts their enjoyment of the Second Amendment guarantee.The 2022 U.S. Supreme Court case NYSRPA vs. Bruen did nothing to diminish the impact of the Sullivan Act in practice. New York’s GUN LAW is as dictatorial and as oppressive now, as it was prior to Bruen.This became apparent once the New York State Legislature passed, and New York Governor Kathy Hochul signed into law, a new package of amendments to the Sullivan Act, titled, “Concealed Carry Improvement Act” of 2022, more often referred to by the acronym “CCIA.”The CCIA pays lip service to the Bruen rulings insofar as, and only to the extent that, the GUN LAW sheds the verbiage “PROPER CAUSE” from the Sullivan Act. That is the only concession made. Other than that, the GUN LAW is no less burdensome than before the passage of the CCIA, and in one major respect, worse.For, even with “PROPER CAUSE” struck from the GUN LAW, the “MAY ISSUE/GOOD CAUSE” requirement remains unscathed.The Government simply subsumed “PROPER CAUSE” into “GOOD MORAL CHARACTER.” The new standard is as subjective as the old one.Present holders of valid New York concealed handgun carry licenses must comply with a new set of requirements to carry a handgun in New York. They are placed in the same boat as new applicants.New York gun owners were not fooled by the CCIA. Challenges to the Constitutionality of the amendments came within days of the Government's passage of it. Those cases are ongoing.The Arbalest Quarrel has written extensively on this and will stay on this. Readers are invited to peruse our comprehensive blog posts. And Ammoland Shooting Sports News has kindly reposted our articles. See, e.g., articles posted on January 20, 2023, January 9, 2023, January 6, 2023, January 5, 2023, and December 28, 2022—just to name a few.Unconscionable constraints on the exercise of the right to armed self-defense under the Kathy Hochul Government are no more relaxed than under the Government of her predecessor, Andrew Cuomo, and remain a top priority for her administration. The Sullivan Act of 1911 makes this possible.Suppression of the right of the people to keep and bear arms in New York continues unabated, with the infusion of more and more restrictive, repressive gun measures, inexorably whittling away at the natural law right to armed self-defense.Nothing will stop this juggernaut unless or until either one of two things occurs: The State Legislature repeals the Sullivan Act, or the New York  Federal or State Courts strike the Sullivan Act down.Neither one of these two actions will occur as long as the New York Government and the New York State and Federal Courts retain a mindset abhorrent of firearms and antithetical to civilian citizen ownership and possession of firearms. Neither the New York Government nor the U.S. Supreme Court has any illusion about this.The problem rests with the concept of “LICENSING OF HANDGUNS,” spawned by the Sullivan Act well over a century ago. The Sullivan Act introduced the formal handgun licensing scheme to New York.The New York Government knows that, as long as handgun licensing remains ostensibly “lawful,” the Government can and will continue to make incursions on the Second Amendment. The U.S. Supreme Court knows this, too.“The current handgun laws of New York State and New York City trace their origin to the state Sullivan Dangerous Weapons Act of 1911. Proposed by Democratic State Senator and Tammany Hall leader Timothy D. ‘Big Tim’ Sullivan, who represented the slums of lower Manhattan, the Act made it a misdemeanor to possess a handgun without a permit and a felony to carry a concealed weapon in public. Whereas the Act designated judges as the licensing officers in much of the state, it gave the New York City police commissioner sole authority to grant or deny licenses in New York City, an arrangement that persists to this day. At least part of the motivation behind the Sullivan Act was a desire to keep firearms out of the hands of recent immigrants from Italy and Southern Europe—perceived to be prone to violence—by giving the New York Police Department (NYPD) the power to grant or deny permits. The NYPD's Licensing Division still handles all handgun license applications in the city. Today, it remains illegal to possess a handgun anywhere in New York State without a license. Section 265.01(1) of the New York Penal Law makes possession of a handgun an automatic class A misdemeanor, unless a person can qualify for one of the exceptions listed in section 265.20. For ordinary citizens, the only exemption that applies is possession with a license issued under section 400.00. . . . Today, it remains illegal to possess a handgun anywhere in New York State without a license. . . . As has been the case since the passage of the Sullivan Act, obtaining a license under Penal Law section 400.00 is the only lawful way for civilians in New York State to possess a handgun. . . .” “Pursued by a ‘Bear’? New York City's Handgun Laws in the Wake of Heller and McDonald,” 46 Colum. J.L. & Soc. Probs. 145, Winter 2012, by Matthew Bridge, J.D. Candidate 2013, Columbia Law.”New York holders of valid handgun licensees may not be immediately aware of an important fact. The handgun license acquired does not belong to the holder of it. The license is and remains the property of the licensing authority. Moreover, the conditions set by the licensing authority are terse, categorical, and blunt. For example, the holder of a handgun license issued by the New York City Police Department must surrender the license upon demand of the Police Department. That means his firearms must be vouchered as well. The reverse side of the license issued by the NYPD sets forth the following:“This license is revocable at any time. Upon demand of a police officer, a licensee must immediately surrender his/her license and handguns. Lost, stolen, confiscated, or surrendered handguns must be reported to the License Division immediately at 646-610-5560 or 646-610-5154.” [see discussion of NYPD handgun licensing procedures in AQ article, posted on October 19, 2015]The CCIA doesn't address this. But one should assume that such language will be incorporated in such new handgun licenses that a New York license authority happens to issue.When the High Court handed down the Bruen decision on June 23, 2022, the Court knew it was tinkering around the edges of a beast. It should have struck down the Sullivan Act, at that time, but it didn’t.Possibly, Associate Justices Clarence Thomas and Samuel Alito would have done just that. The Court certainly had an opportunity to attack the Sullivan Act head-on when the Court took up for review the New York Second Amendment case, NYSRPA vs. City of New York, 140 S. Ct. 1525 (2020). Little came of that.__________________________________

SUBPART B

THE U.S. SUPREME COURT HAD TWO OPPORTUNITIES TO CONFRONT NEW YORK’S NOTORIOUS SULLIVAN ACT HEAD-ON BUT IN BOTH INSTANCES THE COURT PUNTED

Chief Justice John Roberts, Associate Justice Brett Kavanaugh, and the liberal wing of the Court would have none of that. They allowed the City of New York and past Governor of New York, Andrew Cuomo, to sidestep the unconstitutionality of the Sullivan Act, by amending both the New York City gun regulations and the New York State Gun Law to ostensibly cohere with the dictates of the Second Amendment.Justice Brett Kavanaugh, adding an odd Concurring Opinion, attempted to split hairs, writing,“I agree with the per curiam opinion’s resolution of the procedural issues before us—namely, that petitioners’ claim for injunctive relief against New York City’s old rule is moot and that petitioners’ new claims should be addressed as appropriate in the first instance by the Court of Appeals and the District Court on remand.I also agree with Justice Alito’s general analysis of Heller and McDonald. Post, at 1540-1541; see Heller v. District of Columbia, 670 F. 3d 1244, 399 U.S. App. D.C. 314 (CADC 2011) (Kavanaugh, J., dissenting). And I share Justice Alito’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”Justice Alito joined by Justices Thomas and Gorsuch saw the game the New York Government had played on New York’s gun licensees.The Chief Justice and other Justices permitted this. Perhaps they were pleased with it. But Associate Justices Alito and Thomas and Gorsuch would not stand for it. He set forth in detail his awareness of it, and his justified anger over it:“By incorrectly dismissing this case as moot, the Court permits our docket to be manipulated in a way that should not be countenanced. Twelve years ago in District of Columbia v. Heller, 554 U. S. 570, 128 S. Ct. 2783,   171 L. Ed. 2d 637 (2008), we held that the Second Amendment protects the right of ordinary Americans to keep and bear arms. Two years later, our decision in McDonald v. Chicago, 561 U. S. 742, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010), established that this right is fully applicable to the States. Since then, the lower courts have decided numerous cases involving Second Amendment challenges to a variety of federal, state, and local laws. Most have failed. We have been asked to review many of these decisions, but until this case, we denied all such requests.On January 22, 2019, we granted review to consider the constitutionality of a New York City ordinance that burdened the right recognized in Heller. Among other things, the ordinance prohibited law-abiding New Yorkers with a license to keep a handgun in the home (a ‘premises license’) from taking that weapon to a firing range outside the City. Instead, premises licensees wishing to gain or maintain the ability to use their weapons safely were limited to the seven firing ranges in the City, all but one of which were largely restricted to members and their guests.In the District Court and the Court of Appeals, the City vigorously and successfully defended the constitutionality of its ordinance, and the law was upheld based on what we are told is the framework for reviewing Second Amendment claims that has been uniformly adopted by the Courts of Appeals. One might have thought that the City, having convinced the lower courts that its law was consistent with Heller, would have been willing to defend its victory in this Court. But once we granted certiorari, both the City and the State of New York sprang into action to prevent us from deciding this case. Although the City had previously insisted that its ordinance served important public safety purposes, our grant of review apparently led to an epiphany of sorts, and the City quickly changed its ordinance. And for good measure the State enacted a law making the old New York City ordinance illegal.Thereafter, the City and amici supporting its position strove to have this case thrown out without briefing or argument. The City moved for dismissal ‘as soon as is reasonably practicable’ on the ground that it had ‘no legal reason to file a brief.’ Suggestion of Mootness 1. When we refused to jettison the case at that early stage, the City submitted a brief but ‘stress[ed] that [its] true position [was] that it ha[d] no view at all regarding the constitutional questions presented’ and that it was “offer[ing] a defense of the . . . former rul[e] in the spirit of something a Court-appointed amicus curiae might do.” Brief for Respondents 2. A prominent brief supporting the City went further. Five United States Senators, four of whom are members of the bar of this Court, filed a brief insisting that the case be dismissed. If the Court did not do so, they intimated, the public would realize that the Court is ‘motivated mainly by politics, rather than by adherence to the law,’ and the Court would face the possibility of legislative reprisal. Brief for Sen. Sheldon Whitehouse et al. as Amici Curiae 2-3, 18 (internal quotation marks omitted).Regrettably, the Court now dismisses the case as moot. If the Court were right on the law, I would of course approve that disposition. Under the Constitution, our authority is limited to deciding actual cases or controversies, and if this were no longer a live controversy—that is, if it were now moot—we would be compelled to dismiss. But if a case is on our docket and we have jurisdiction, we have an obligation to decide it. As Chief Justice Marshall wrote for the Court in Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 264, 404, 5 L. Ed. 257 (1821), “[w]e have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.”Thus, in this case, we must apply the well-established standards for determining whether a case is moot, and under those standards, we still have a live case before us. It is certainly true that the new City ordinance and the new State law give petitioners most of what they sought, but that is not the test for mootness. Instead, “a case ‘becomes moot only when it is impossible for a court to grant any effectual relief whatever to the prevailing party.’” Chafin v. Chafin, 568 U. S. 165, 172, 133 S. Ct. 1017, 185 L. Ed. 2d 1 (2013) (emphasis added). “‘As long as the parties have a concrete interest, however small, in the outcome of the litigation, the case is not moot.’” Ibid. (emphasis added).Respondents have failed to meet this ‘heavy burden.’ Adarand Constructors, Inc. v. Slater, 528 U. S. 216, 222, 120 S. Ct. 722, 145 L. Ed. 2d 650 (2000) (per curiam) (internal quotation marks omitted). This is so for two reasons. First, the changes in City and State law do not provide petitioners with all the injunctive relief they sought. Second, if we reversed on the merits, the District Court on remand could award damages to remedy the constitutional violation that petitioners suffered.”See also AQ two articles analyzing the “Gun Transport Case” posted on our website on April 27, 2020, and on May 8, 2020. Our April 27, 2020 article was reposted on Ammoland Shooting Sports News, on that same April 27 date. See also the AQ article posted on Ammoland Shooting Sports news on April 26, 2021. In that article, we remarked with satisfaction that the U.S. Supreme Court had agreed to take up a second New York gun case. In that case, captioned, NYSRPA vs. Corlett, 141 S. Ct. 2566 (2021), the High Court granted certiorari:“Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to the following question: Whether the State's denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”The public would come to know this case as NYSRPA vs. Bruen, once Kevin P Bruen, the new Superintendent of the New York State Police replaced his predecessor, Keith M. Corlett.The matter discussed in NYSRPA vs. Bruen was of an order of magnitude greater than the earlier case, NYSRPA vs. City of New York, insofar as the Bruen case dealt more directly with the Sullivan Act—the Act that required Americans to obtain a license to carry a handgun in public for self-defense.Yet, as impactful as the Bruen case WAS and IS, the High Court didn’t strike down the core of the Sullivan Act.Chief Justice Roberts, and the liberal wing of the Court evidently realizing the possibility of this, consciously limited the issue on review.The Bruen rulings, handed down on June 23, 2022, although potent and compelling, nonetheless provided the Hochul Government a modicum of wiggle room. That wiggle room allowed the Government to slither around the rulings through the enactment of a plethora of amendments to the Sullivan Act.As implausible and unconvincing a response to the Bruen rulings, as these amendments are, they served a purpose: to waylay the full impact of Bruen. And that is exactly what Hochul and the State Government in Albany did._____________________________________

SUBPART C

NEW YORK GOVERNOR KATHY HOCHUL KNEW THE BRUEN RULINGS WOULD BE DAMAGING TO THE STATE’S GUN LAW, THE SULLIVAN ACT, BUT SHE WOULD NOT ALLOW BRUEN TO GET IN THE WAY OF HER AGENDA

Challenges to the amendments to the Sullivan Act, i.e., the CCIA, came at once. This wasn’t unexpected.The Hochul Government knew this would occur since the Government’s amendments didn’t alleviate New York gun owners’ justified concerns over the exercise of the right to armed self-defense. The measures Hochul signed into law weren’t meant to do that. Hochul’s attack on the Second Amendment continued unabated and, in fact, intensified.The Government had planned to proceed with its agenda to restrain and constrain the exercise of a Divine Natural Law Right ever since New York enacted its “GUN LAW.”Heller and McDonald didn’t stop New York and other similar jurisdictions from continuing to constrain the exercise of the right of the people to keep and bear arms. And Bruen wasn’t going to constrain New York and these other jurisdictions, either.The Hochul Government hoped the Courts would dismiss the challenges to the CCIA.After all, the New York State and Federal Courts had more often than not acquiesced to the Government in the many years and decades since the passage of the Sullivan Act, and the Hochul Government had no reason to expect the Courts wouldn’t do so now.Striking the expression, “PROPER CAUSE” from the GUN LAW served as mere window dressing.The Government knew exactly what it was doing when Albany passed the CCIA and Kathy Hochul signed the CCIA into law, as did the Plaintiffs, who brought suit against the Government, intent on preventing the Hochul Government from defying Bruen.Placing the requirement of “PROPER CAUSE” into another fixture of the Sullivan Act, “GOOD MORAL CHARACTER,” that the High Court didn’t address, apparently seemed to both Kathy Hochul and the Democrat Party-controlled Legislature in Albany, a convenient way to avoid the strictures of Bruen.Hochul and Albany simply had to convince the New York Courts to go along with the charade.But the lower U.S. District Court for the Northern District of New York—the first Court called upon to deal with the CCIA—didn’t play along. This obviously surprised and puzzled and concerned the Hochul Government. The Federal trial Court imposed a stay on enforcement of the CCIA by granting the Plaintiffs’ Motion for a Preliminary Injunction, during the pendency of the Plaintiffs’ suit on the merits.The Hochul Government immediately appealed the decision of the New York District Court to the U.S. Court of Appeals for the Second Circuit, and the higher Court provided Hochul with some breathing room.The Plaintiff New York concealed handgun carry licensees weren't going to take this lying down. They appealed the adverse Second Circuit Court ruling to the U.S. Supreme Court.The High Court deemed the case important enough to review a non-final interlocutory order, a rare occurrence.The High Court didn’t lift the stay imposed by the Second Circuit on the Plaintiff New York Concealed Carry Handgun licensees, but the result wasn't a complete win the Hochul Government might have wished for, either. The Hochul Government is able to breathe a sigh of relief, for a time at least. But the High Court made clear it will be watching closely to determine whether either the Second Circuit or the Government is dragging its feet on this. A day of reckoning is coming for the New York Government. And the Sullivan Act’s head is in the guillotine.Having grown visibly tired of seeing Heller, McDonald, and now Bruen waylaid by stubborn State Governments and their Courts, and by their brethren on the High Court as well, Associate Justices Clarence Thomas and Samuel Alito will insist on attacking unconstitutional Government laws directly, and strenuously. With a no-nonsense legal mind like Amy Coney Barrett on the High Court, New York gun owners and Americans around the Country may finally see their efforts through the years and decades finally bearing fruit.Hochul and Albany know the Sullivan Act’s days are numbered. A gun licensing regime clearly designed to subvert the fundamental natural law right to armed self-defense is a thing that, long ago, should have been repealed by the State Legislature or struck down by the New York Courts, buried, and never again resurrected.Instead, this thing has not only lingered but has through time grown appreciably stronger. It is an affront to the Nation’s history and heritage, and inconsistent with our Nation's core beliefs, grounded as they are on the sanctity and inviolability of the individual Self over Government. New York's Sullivan Act is inconsistent with the import and purport of the Bill of Rights and contrary to the natural sovereignty of the American citizenry over the Government.The New York Safe Act of 2013, signed into law by Andrew Cuomo, and the Concealed Carry Improvement Act of 2022, signed into law by Cuomo’s successor, Kathy Hochul, are not to be perceived as models of a new era in America, but, rather as relics of an earlier time—a much earlier age—one harkening back to medieval feudalism.The U.S. Supreme Court must strike down the Sullivan Act. That will serve to send a strong message to the States that have similar Anti-Second Amendment regimes, and that will also serve to send a strong message to the Biden Administration, too.These so-called “elites” who machinate for a world empire in their meetings held in Davos and in the Government offices of Brussels and in the clandestine meetings of the Bilderberg Group and in other such secretive enclaves dispersed throughout the world are all throwbacks to and should be perceived as nothing more or other than throwbacks to medieval Europe.These “elites” seek a return to the world of the Middle Ages, a world of empire, consisting of legions of abjectly penurious serfs, the “preterite,” and a minute number of extravagantly wealthy and powerful royalty and nobility, the “elect.”The empire this new royalty and nobility envisions, and which is taking shape, is designed to embrace all of Europe, the British Commonwealth Nations, and the United States as well.Craven toadies like Hochul and Newsome and the brain-addled, corrupt Biden, have made clear that their interests are not our Nation’s interests nor those of our people. And their allegiances are not to our Nation, nor to our Constitution, nor to our people.Their aim is to incite ill will among the American people and to destabilize our cities, counties, states, and the entire Union, so that the whole may weaken and fall. These destructive forces then intend to merge the remains of our Country and its people into a grandiose neo-feudalistic world order that serves the interests and goals of their foreign, alien masters, not their Countrymen.Americans should resist all efforts, seductive or forceful, aimed to compel compliance.We can begin by making clear that we will not relinquish our Bill of Rights.We will not relinquish our duty and our ability to resist tyranny.We will not relinquish our natural law God-Given right to keep and bear arms.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

WHAT THE U.S. SUPREME COURT’S ORDER TO THE HOCHUL GOVERNMENT IN ANTONYUK VERSUS NIGRELLI REALLY MEANS

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

MULTI SERIES

PART TWENTY-TWO

The Arbalest Quarrel anticipated the U.S. Supreme would respond quickly to the New York State concealed handgun carry license holders’ Application for Relief from the Second Circuit’s lifting of the Stay on the Plaintiffs’ Preliminary Injunction (“PI”). This was evident from the odd “request” issued by Associate Justice Sonia Sotomayor, on December 27, 2022, giving the Hochul Government four days to respond to the Plaintiffs’ “Application for Relief.” Realizing that the Court expected a response, the Government complied, filing its Response on January 5, 2023.The Plaintiffs filed their reply to the Government’s Response, on January 11, 2023.The High Court issued a terse order on January 11, 2023, denying Plaintiffs’ Application to vacate the stay on the Plaintiffs’ PI.This Order allows the Hochul Government to enforce the Concealed Carry Improvement Act (CCIA) while the Second Circuit reviews the substantive merits of the Plaintiffs’ challenge.As pointed out by Duncan Johnson in an Ammoland article, posted on January 11, 2022, Justice Samuel Alito made clear to both the Government and the Second Circuit that the Court is not to dawdle.Justice Clarence Thomas joined Alito on this, so we should understand that Alito’s remarks are those also of Thomas.Alito and Thomas understood that the High Court’s refusal to lift the stay on the Plaintiffs’ PI gives Hochul and the Legislature in Albany breathing space. The Government can enforce the CCIA while the Second Circuit reviews the substantive merits of the Plaintiffs' handgun licensees' challenge.Time is on their side and the Government has everything to gain from drawing this case out for months if it can. And the Second Circuit would make sure this happens, as it is sympathetic to the Hochul Government's desire to constrain the exercise of the right to armed self-defense outside the confines of one's home or place of business. That is the salient purpose of Hochul's CCIA.Justices Alito and Thomas know this too and will have none of it.Moreover, the Government’s response to the Plaintiffs’ action for relief is so flawed we were surprised that the High Court didn’t reverse the Second Circuit. That it didn't do so but kept the stay of the PI in place should be construed as nothing more than a sop, an unwarranted gift given to the Second Circuit from the U.S. Supreme Court. Because of those obvious flaws, both Alito and Thomas want the Second Circuit and the Nation to know they would have handled this matter differently.These Justices would have reversed the Second Circuit, lifting the stay of the PI, and thereby suspending the operation of the CCIA, during the pendency of the Second Circuit’s review of the merits of the case. In our next article, we look closely at those flaws because they will crop up again in the Government's later Briefs filed with the Second Circuit.But, in this article, we unpack the meaning of the Associate Justice's remarks.Justice Alito chose his words carefully. Justice Thomas, having joined him, is in complete agreement with those remarks:“I understand the Court’s denial today to reflect respect for the Second Circuit’s procedures in managing its own docket, rather than expressing any view on the merits of the case. Applicants should not be deterred by this Order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal.” This is a warning, and in no uncertain terms, delivered to the Hochul Government and to the Second Circuit.Alito gave this warning twice—the second time asserting:“In parallel cases presenting related issues, the Second Circuit has likewise issued unreasoned summary stay orders, but in those cases it has ordered expedited briefing.”This is a not-so-subtle message meant to coax the Second Circuit into handling Antonyuk II as it has handled “parallel cases,” that is to say, do it quickly.But that isn’t all. Justice Alito also said this:“The New York law at issue in this application presents novel and serious questions under both the First and the Second Amendments. The District Court found, in a thorough opinion, that the applicants were likely to succeed on a number of their claims, and it issued a preliminary injunction as to twelve provisions of the challenged law. . . .”By affirming the Second Circuit’s decision, lifting the stay on the PI, and thereby allowing Hochul to enforce the CCIA, except for a couple of provisions, Justice Alito has subtly conveyed how this case is fated to turn out.As the Second Circuit reviews the substantive merits of the case, it matters not how the Second Court ultimately rules, because regardless of how it rules, the Hochul Government will lose. The CCIA will be struck down. For, if the Second Circuit doesn't strike down this blatantly unconstitutional, illegal Government Anti-Second Amendment measure, the U.S. Supreme Court will do so.Thus, the U.S. Court of Appeals for the Second Circuit faces a classic dilemma, a Hobbesian Trap from which it cannot extricate itself.There are two Scenarios.

SCENARIO ONE

The Second Circuit ultimately rules in favor of the Government. The Court strikes down the PI and dismisses Antonyuk vs. Nigrelli (Antonyuk II) with prejudice.Plaintiffs will immediately file their appeal to the U.S. Supreme Court. That is a dead certainty.And the High Court will take the case up for review. That, too,  is a dead certainty. The Court must accept the Writ of Certiorari. Why is that?If the U.S. Supreme Court demurs from hearing the case, it defeats the Second Amendment and weakens its prior holdings, Heller, McDonald, and Bruen. It makes a mockery of itself—slits its own throat and undermines the authority of the High Court, this Third Branch of Government. Obviously, it won’t do that.The CCIA is legally and logically inconsistent with the Second Amendment and an insult to the High Court’s rulings in Heller, McDonald, and Bruen.And the New York U.S. District Courts know this—all of them. And, the U.S. Court of Appeals for the Second Circuit surely knows this. And the Hochul Government knows this too, but the Government won’t acknowledge this because Hochul has an agenda, one promulgated by her shadowy benefactors. And that agenda doesn’t cohere with the Bill of Rights of the United States Constitution.Understand, Bruen is an extension of Heller and McDonald. It isn’t sui generis. An adverse decision on Antonyuk vs. Nigrelli (Antonyuk II) weakens the two prior seminal Second Amendment cases. So, the High Court must take the case up on appeal and must find in favor of the Plaintiffs.It is also important to keep in mind that Antonyuk vs. Nigrelli is the first major Second Amendment case to come before the Court since NYSRPA vs. Bruen. The High Court will overturn the CCIA in full or in substantial part. That, also, is a dead certainty, and the High Court may make inroads into bringing down the entire structure of New York’s licensing of firearms. More on that later.The High Court's rulings will strengthen the three prior seminal Second Amendment cases, adding a fourth seminal case. The Biden Administration, and those States in league with New York, will be apoplectic with rage. So, let them flail about.

SCENARIO TWO

The Second Circuit decides to rule in favor of the Plaintiffs, finding the CCIA in conflict with the Second Amendment and with U.S. Supreme Court precedent. What happens then? What will the Hochul Government do? In a word, 'Nothing!' Certainly nothing that would salvage the CCIA.The Hochul Government cannot obtain relief unless it seeks relief from the High Court. But Hochul won't do that. She won’t appeal an adverse ruling of the Second Circuit. The Court would never give her the relief she seeks. It would give her the opposite of what she wants.Thus, she won't appeal an adverse decision here because she can't, for the reasons above cited. But, if for some illogical reason, Hochul filed an appeal anyway, the danger to Kathy Hochul isn't that the Court wouldn't agree to review the case, but that the Court would take the case up for review. And, if it did so, Hochul would lose. That's a dead certainty. And the impact of a major loss at the level of the U.S. Supreme Court would extend beyond the confines of New York.So, then, whether an adverse final ruling emanates from the Second Circuit or from the U.S. Supreme Court, the CCIA will, in substantial part at least, eventually be struck down.Hochul will rant and rave and fume and lash out in rage. She will roll out a flurry of Press Releases and give endless Press Briefings, and will resort to bad-mouthing both the High Court and “Gun Lovers.” And she will go on about “Gun Violence,” and “Assault Weapons,” and “Large Capacity Magazines.” And she will share her grief and grievances with news anchors and commentators on CNN and MSNBC and will do an OP-ED, perhaps, with The New York Times, or The Washington Post.But, Hochul understands full well that she cannot do anything concrete other than comply with Court orders and rulings or go rogue.Hochul failed to comply once and it stirred up a hornet's nest. It was one that reached all the way up to the U.S. Supreme Court, via an interlocutory review. If she fails a second time to comply with Federal Court rulings, she admits the tyranny of the New York Government and invites an uprising.Hochul might make an “appeal” to the Biden Administration. But what can Biden do? Nothing—at least nothing that would be legal. But, as we know, neither the dictates of Congressional Statute, nor the Constitution, nor even simple common sense has stopped the Biden Administration in the past.The list of the Biden Administration’s illegal acts, these last couple of years, is legion and horrific, and analysis would fill many volumes of a textbook.For her troubles, Hochul hasn't strengthened the New York State handgun licensing edifice. Thinking that she would make New York's Licensing regime impregnable, and a model for the rest of the Country—her predecessor's pipedream—she instead has severely weakened the entire edifice. She has created a fault line that cannot be closed, one that threatens to topple the State's 113-year-old Sullivan Act.Neither New York nor other jurisdictions sharing the same abhorrence of the natural law right to armed self-defense will be pleased with Hochul. Indeed, Hochul, through her arrogance, may have unwittingly set in motion events that will lead to a fourth Seminal Second Amendment case.The best the Hochul Government can hope for here is simply to buy time. And it can’t do that either. Alito and Thomas have that base covered as well.Hochul has no one to blame here but herself. She shouldn’t have been such a smart-ass.But, there is one thing Americans do have to worry about: Will the High Court retain its independence, long enough at least, to prevent harm that would fracture Heller, McDonald, and Bruen?Antonyuk vs. Nigrelli (Antonyuk II) can become the fourth seminal U.S. Supreme Court Second Amendment case, or it can, ironically, unwind Heller, McDonald, and Bruen. What do we mean by that?Consider: If Biden has an opportunity to make even one more nomination for a seat on the High Court, that nominee will be confirmed. Republicans won’t be able to stop that from happening this time. And we would bet dollars to donuts whom that nominee would be. Our guess is the nominee would be none other than the present Attorney General: Merrick Garland. Garland has been waiting in the wings for years for the opportunity. The Destroyers of our Nation are anxious to seat him up there. And, we all know what that portends.As Biden’s Attorney General, Americans have more than a hint of the disaster Garland is capable of unleashing on this Country. He is a man without moral scruples, and his political and social philosophy is alien to that of the founders of our Republic.What we have seen of Garland’s ignoble and unlawful actions thus far as the head of the DOJ would pale in comparison to his rulings as Associate Justice of the U.S. Supreme Court. Garland would be a major and negative influence on the Chief Justice, and his rulings would be written in stone. The Bill of Rights would be undone. No question about any of this.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NEW YORK GOVERNOR KATHY HOCHUL'S DEFIANCE OF THE SCOTUS BRUEN DECISION OPENS A NEW FRONT IN WAR AGAINST SECOND AMENDMENT

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

MULTI SERIES

PART TWENTY-ONE

The U.S. Supreme Court Second Amendment case law decisions in Heller, McDonald and Bruen are on the line, and the American public can thank or blame New York Governor Kathy Hochul, along with the Anti-Second Amendment Democrat Party-controlled Legislature in Albany, for this. As long as able, principled Justices sit on the High Court, they will do everything in their power to preserve and strengthen the Second Amendment and preserve the integrity of their rulings. The late eminent Justice Antonin Scalia was one such Justice. And Clarence Thomas and Samuel Alito are two others. Hopefully, Donald Trump's nominees will demonstrate they are cut from the same cloth. These Justices do not have an easy or enviable job, given the power of the forces aligned against them, and against this Country, its people, and the Nation’s Constitution.The right of armed self-defense is a natural law right and Government cannot lawfully modify it, ignore it, or extinguish the American people’s exercise of it. For the Nation belongs to them, not to the Government. Government at all levels exists only to serve the interests of the people.Government exists only through the consent of the governed. Through time the would-be Assassins of our Country have sought to shove that Truth aside. The armed citizenry exists to push that Truth to the fore.The right to armed self-defense should never have been an issue in the United States. But it is. And it is more insistent now than ever. The Assassins of our free Constitutional Republic continue consolidating their power over the Federal Government, over the States, and over the people, blatantly disregarding law and Constitution, usurping the sovereignty of the States and the citizenry. These treacherous actions include:

• Thrusting the world’s flotsam and jetsam on us, in uninhibited and abject defiance of our Country’s comprehensive immigration and naturalization laws;
• Deliberately destroying the Nation’s economy, weakening our military, demoralizing the people, shutting down access to our natural resources;
• Allowing the infiltration and the infestation of murderous international criminal cartels in our Cities, to destabilize our society further, threatening and endangering the welfare and well-being of our people;
• Permitting CCP China to insinuate itself into our Nation and into our institutions, so they may engage in espionage and sabotage operations unimpeded;
• Wasting our Nation’s tax dollars on worthless or harmful domestic projects, and on foreign intrigues that do not benefit our people and that have nothing to do with maintaining and strengthening National Security;
• Denying to the States and to the people the means to protect themselves, their families, and their Nation from an elaborate campaign instituted by a treacherous Federal Government, treacherous Press, and by their secretive ruthless, treacherous benefactors to drive the Nation to ruination and dissolution, as they all aim to impose lasting Tyranny on our Country.

Concerning this last bullet point, both the Federal Government and their fellow conspirators in control of many State Governments across the Country, have instituted illegal, unconstitutional measures and are continually devising novel new measures to deny to the sovereign American citizenry the exercise of its Natural Law Rights.These failsafe mechanisms are the last and most effective means to prevent the disassembling of the Nation, and the reduction of the citizenry to everlasting oppression, subjugation, and penury. This is happening here and in Western Nations across the world. The EU nation-states—what is left of them—and the Commonwealth Nations, especially the major ones, namely, Great Britain, New Zealand, Australia, and Canada, have descended into Tyranny.But, the descent of the American people into Tyranny is more difficult to accomplish because Americans are well-armed. The puppet masters, controlling the messaging and actions of the rogue, treacherous Federal Government, has utilized other means to gain control over the American people.The rogue Federal Government has with full knowledge deliberately placed illegal obstacles in the path of Americans' exercise of their natural law rights and of their ability to secure relief from Federal Government excesses.This rogue Federal Government has captured speech and the right to dissent. It has placed constraints on the freedom of association and the filing of grievances. It has de facto abrogated or ignored statutes and has quietly suspended the filing of writs of habeas corpus. This rogue Government has also quietly suspended the freedom from unreasonable searches and seizures, gaining complete control over all electronic information. And it has commandeered the machinery of the electoral process despite its vociferous denial and that of its lackey, the Press.This treacherous Federal Government has effectively corralled broad swaths of the American polity and has effectively brain-washed and softened up the psyche of that portion of the polity.This means that much of the public is psychologically, emotionally, intellectually, and spiritually unwell and incapable of resisting the Government’s treachery. Thus, a significant portion of the population does not pose a tenable threat to the Federal Government’s purloining of their Nation.Yet there remains much of the Nation that is not susceptible to this nationwide campaign of psychological conditioning. And they are well-armed.Guns and ammunition in the hands of millions—nay tens of millions of commonality—is of the utmost concern to these forces that crush entire nations and people.What has occurred in New York serves as an insightful microcosm of the Nation’s Assassins’ eradication of public resistance to the inception of Totalitarianism, ergo, Tyranny.The Nation’s Assassins gave New York Governor Kathy Hochul the “Green Light” to continue to constrict the life out of the Second Amendment in New York. And she has done just that, and she did so with complete abandon, confident that she will face neither legal nor political repercussions for her treacherous acts.More so than even the Biden Administration—Kathy Hochul, the public face of Tyranny in New York—has openly challenged the authority of the U.S. Supreme Court.The question of the fundamental, unalienable, right to armed self-defense is again front and center before the U.S. Supreme Court, and so soon after the publication of the Bruen decision.Instead of complying with the Bruen rulings, Hochul and Albany and the shadowy network of overseers directing their actions behind the scenes, threw a rattlesnake at New York concealed handgun carry licensees.The CCIA that Hochul signed into law works against those persons desirous of obtaining a concealed handgun carry license for the first time and against those who currently hold valid New York handgun carry licenses. Many New York handgun licensees in this latter group have held such licenses for years. Now they must comply with another and vastly more heinous set of obstacles if they wish to renew their licenses. And the most serious obstacle facing those people seeking new handgun concealed handgun carry licenses or renewal licenses is that they must waive their right to be free from the Fourth Amendment guarantee against unreasonable searches and seizures. This waiver of one's Fourth Amendment natural law right is now embodied in the reconfigured and significantly strengthened good moral character requirement of the CCIA, presently challenged in the New York Antonyuk case (Antonyuk II), along with other challenges.Hochul and Albany have not only acted in defiance of the Bruen rulings through the enactment of the CCIA but have consciously and contemptuously baited the U.S. Supreme Court, daring the High Court to take any action to stop them. This, unfortunately, is nothing new.New York has continued its merry way, constricting the life out of concealed handgun carry in New York. This commenced with the enactment of the notorious Sullivan Act in 1911, which created the concealed handgun carry licensing regime. Albany enacted the Sullivan Act at the behest of the corrupt New York “Tammany Hall” Government. Through the passing years and decades, the New York Government has placed increasingly more arduous procedures and restrictions on those New Yorkers who sought to exercise their Second Amendment right to keep and bear arms. This has now culminated in the noxious, unconstitutional Concealed Carry Improvement Act (CCIA). Hochul alluded to what was coming, pushing for the CCIA, the very day the U.S. Supreme Court came out with its decision in Bruen, on June 23, 2022. She made clear to New York residents, and no less to the High Court, that New York will go its own way, not obliged to comply with the Bruen rulings. Hochul hammered this idea home on her website, the day she signed the CCIA into Law, July 1, 2022. That she would defy the High Court, is transparent in the title of the message: “Governor Hochul Signs Landmark Legislation to Strengthen Gun Laws and Bolster Restrictions On Concealed Carry Weapons In Response To Reckless Supreme Court Decision.” See also her remarks of August 31, 2022. And see the article in the Washington Examiner, June 30, 2022, where Hochul caustically and perfunctorily asserts that she doesn't need proof that gun control keeps anyone safe.  See CBS Affiliate 6News reporter Anne McCloy's interview with Kathy Hochul, on June 29, 2022: “Anne: ‘Do you have the numbers to show that it’s the concealed carry permit holders that are committing crimes? Because the lawful gun owner will say that you’re attacking the wrong person, that it’s really the people getting the guns illegally that are causing the violence not the people going and getting the permit legally. Do you have the numbers?’Hochul: ‘I don’t need to have numbers. I don’t need to have a data point to say this. I know that I have a responsibility of this state to have sensible gun safety laws and this one was not devised by the Hochul administration, it comes out of an administration from 1908 in our state, so that’s what the Supreme Court has attacked. I don’t need a data point to say I have a responsibility to protect the people of this state.’” And Hochul contemptuously, but also idiotically remarks, as reported by Fox News, on June 23, 2022, “that she is ‘prepared to go back to muskets through gun restrictions.’” That remark led former Trump senior advisor Stephen Miller to quip, as reported by Fox News, in another news story, also on June 23, 2022:“‘Will the criminals rampaging freely across New York be going back to muskets as well?’ He [Stephen Miller] then posed another question to Hochul’s point, ‘Also, out of curiosity, what medium is Hochul using to broadcast this message and did it exist in the 18th century?’” Likely, Hochul is unfamiliar with the Heller case. The late eminent Associate Justice, Antonin Scalia directly addressed her remark, and he, unlike Hochul, wasn't flippant about this.“Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment.  We do not interpret constitutional rights that way.  Just as the First Amendment protects modern forms of communications, e.g., Reno v. ACLU, 521 U.S. 844, 849, 117 S. Ct. 2329, 138 L. Ed. 2d 874 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U.S. 27, 35-36, 121 S. Ct. 2038, 150 L. Ed. 2d 94 (2001), 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.” Although Hochul's caustic dismissal of the Second Amendment might not come as a surprise to anyone now, we would be remiss if we fail to point out that Hochul didn't, apparently, always think this way, as she heretofore evinced a completely different viewpoint, when making her bid for a four-year term in the Government's mansion, as reported by the Washington Examiner, on May 31, 2022: “Hochul, who replaced Andrew Cuomo in the governor’s mansion last August after nearly eight years as the lieutenant governor, has made a dramatic shift to the left on gun control since 2012, the year she earned an endorsement from the NRA during her failed bid to represent New York’s right-leaning 27th District in the House.The ad plays a clip of Hochul, then a first-term member of Congress with an “A” rating from the NRA, touting the endorsement. . . .When asked about her congressional voting record on gun rights, Hochul dismissed the criticisms of her opponent.‘This is not the time to talk about that,’ the governor said in a May 18 press briefing. ‘I will tell you what I'm doing right now as governor of the state of New York. ’” What this means, of course, is that Hochul is cut from the same cloth of many another hypocritical and contemptible politician. She, like they, isn't averse to taking a contrary stance on an issue to suit her present coterie of benefactors. In this instance, we are referring to the extraordinarily wealthy and powerful Neoliberal Globalists, who abhor the Second Amendment, and whose deep-seated social and political philosophical bent, attuned to those of their fellows in Brussels, is far removed from those of the founders of our Republic. and in this instance, we are referring to extraordinarily wealthy and powerful Neoliberal Globalists all, who abhor the Second Amendment, whose deep-seated social and political philosophical bent is far removed from those of the founders of our Republic and attuned to those of their fellows in Brussels. Hochul made a deal with them and part of that compact requires her to take a definitive stance against the exercise of the citizen's natural law right to armed self-defense. What she professes to believe and ostensibly fervently convey to the public is ever subject to change as a political opportunity arises or as a political exigency demands. To enhance her chances exponentially of securing the exalted station of Governor of New York she has learned that one must be vehemently opposed to both firearms and to one's exercise of the natural law right to keep and bear them. And, like all successful politicians, this one too, must be the consummate actor, consistent with all politician-actors and consistent with the history of Gun Law reality in New York. And, so, Hochul can, and has, gladly traded in her NRA “A” rating for an NRA “F.” And few would be the wiser to recall that a  grand switcheroo had occurred. Hochul the Hypocrite has successfully secured for herself the Governor's mansion in New York, and that is all that matters. And all it took was the sale of a few trifles: her honor and her integrity and her principles. Oh yes, and the loss of her immortal Soul—that too!Whatever else a politician might do holding high political office in New York—say a Governor of the State or Mayor of New York City—he or she must work fervently to further restrict civilian possession of firearms in New York. Cuomo did that to a “T.” The “Powers That Be” removed him only because they felt he had become more of a liability to their agenda and less of an asset. Hochul, as the new Governor, must one-up Cuomo on the matter of guns and gun ownership and possession in New York, and that isn’t an easy task, especially in view of the Bruen decision that came down on her watch. But Hochul has shown she is clearly up to the task. She has demonstrated to her benefactors that she doesn’t give a damn what the U.S. Supreme Court does nor what the Second Amendment says. And that is a necessary stance. It behooves all of New York’s present and future politicians to be ever mindful of this if they wish to maintain or secure the “brass ring.” Neither the Articles of the Constitution nor the Bill of Rights mean anything to those who have bought and paid for Hochul’s allegiance to them and to the greater glory of the Neo-Feudalistic World Empire they espouse and have been working tirelessly for and now gleefully see coming rapidly to fruition. Worried they were when the heretic Donald Trump threw a wrench in their grand scheme. But they are making him pay dearly for his hybris, just as they are making all his devotees pay for following the “false prophet.” But, how this all ultimately plays out is a Chapter in American History and in World History yet to be written.But for New York officials and would-be New York officials, one truism, of the State’s political philosophy remains constant—a political philosophy that is also a code of conduct—and it behooves all New York politicians to be ever mindful of this if they wish to secure or to maintain the “brass ring.” It is this: Through the passing years and decades, amendments to New York's Gun laws have always been among the most restrictive in the Nation, and each succeeding New York politician must do his or her part to make those laws ever more restrictive, convoluted, emphatic, and elaborate—always keeping one step ahead of unconstitutional, unconscionable Federal legislation until the Second Amendment is no more.This Federal legislation includes the National Firearms Act of 1934, the Gun Control Act of 1968, the Brady Handgun Violence Prevention Act of 1993, and, most recently, the Bipartisan Safer Communities Act of 2022. Democrat Party Presidents and their administrations engineered and pushed for these: Roosevelt, Johnson, Clinton, and Biden.Anti-Second Amendment proponents, through the propaganda engine of the Press, stressed a need to keep guns out of the hands of dangerous people. That was the consistent narrative played to the public, one that has, through the passing decades, seeped deeply into the minds of half the Country—so effective has this illegal brainwashing program been.And, through the passage of time, the messaging has become more and more sophisticated, aided significantly by——

• The inception of the internet,
• The growth of social media,
• Federal Government laws or policies permitting the propagation of propaganda directed to the American people in violation of the Federal Smith-Mundt Act, and
• Rapid advances in the fields of mind control and social engineering—psyops on an industrial scale.

The Hochul Government has utilized several of these and has prevailed on those members of the New York public—those peculiarly susceptible to emotional messaging—to support the Government in its efforts to dismantle the operation of the Second Amendment guarantee in New York. Hochul's proffering of a sop to the people of New YorkToday, the running Press narrative aligns with the goal of the de facto elimination of an armed American citizenry. “Gun Violence” is the new false meme inserted like a psychological virus in the mind of the public. It is a ruse. One that Hochul dutifully utilizes. It serves as a useful smokescreen, perpetrated by agents of those planning for the de facto, and, eventually, de jure end of an independent, sovereign Nation-State, the end of a free Republic, and an end to a free and sovereign citizenry.Those forces controlling Kathy Hochul of New York were instrumental in getting her elected and instrumental in getting similar, spiritually and emotionally weak, and unprincipled, corruptible politicians elected to high State Office around the Country. These same forces, who machinated to topple Trump and to sit the Great Pretender Biden in the White House, feel they can defy the last venerable institution of the Federal Government, the U.S. Supreme Court. But can they?Kathy Hochul’s silent, secretive benefactors have evidently told New York Kathy Hochul that the High Court won’t present a problem for her and that she can blatantly scold the Court as if it were a wayward child, without worrying about repercussions for her aberrant, irreverent behavior. She apparently believes them and has acted accordingly. More fearful is she of angering her benefactors than of betraying those New York residents who are citizens of the United States, and of betraying the U.S. Constitution and the Bill of Rights.  In signing into law, major amendments to the State’s gun law, packaged under the curiously named Concealed Carry Improvement Act (“CCIA”) (“improvement” for whom?), both Hochul and Albany, and those behind the scenes who control them, feel confident the U.S. Supreme Court is unable or unwilling to prevent the enforcement of the CCIA and the immolation of the Second Amendment in New York. This idea is grounded on the false belief that the Nation's Obstructors and Destructors that have, through time, gained solid control over the Executive Branch of Government and that wield substantial influence over Congress, i.e., the Legislative Branch of the Federal Government, also wield considerable control over the U.S. Supreme Court, the Third Branch of Government. But as for the notion of control over the Third Branch of Government, the Hochul Government, and its benefactors, are wrong.Kathy Hochul has, through the implementation of the CCIA and in her avid push to enforce it, opened the possibility of a fourth major Second Amendment case coming down the pike—much sooner than expected, and definitely much sooner than she and Albany and their cronies and the wealthy, secretive, ruthless benefactors would want. This is evident from the Hochul Government’s Brief in Opposition to the Concealed Handgun Carry Licensees Emergency Application for Relief from the Second Circuit’s Stay of the Handgun Licensees Preliminary Injunction filed on January 3, 2022. We will delve deeper into this in the next several segments of this multi-series article.Hochul’s insolence directed at our Constitution and our most venerable institution, the U.S. Supreme Court, should not be so easily dismissed. It is nothing short of a blatant desecration, damaging to our most cherished precepts and values. The pity of it is that speaking ill of our Country and of our cherished values and tenets and precepts has become commonplace. The effects are discernible. The rot enveloping our Country is so pervasive that surgical removal of the afflicted organs may so weaken the Republic that it will die anyway. But an honorable death may be preferable to swaddling a “living corpse” in a rancid lie.  ____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

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

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

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

MULTI SERIES

PART TWENTY

SUBPART ONE OF PART TWENTY

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

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

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

SUBPART TWO

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

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

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

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

SUBPART THREE

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

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

SUBPART FOUR

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

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

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

MULTI SERIES

PART TWENTY

SUBPART ONE OF PART TWENTY

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

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

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

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

SUBPART TWO

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

TYRANNY HATH COME TO AMERICA: MANY AMERICANS DON’T NOTICE IT OR, WORSE, SEE IT BUT DON’T CARE

PART ONE

ONLY BY FORCE OF ARMS CAN THE PEOPLE EVER HOPE TO THWART AND PREVAIL OVER TYRANNY

{INTRODUCTORY QUOTATION}“There are Virtues & vices which are properly called political. ‘Corruption, Dishonesty to ones Country Luxury and Extravagance tend to the Ruin of States.’ The opposite Virtues tend to their Establishment. But ‘there is a Connection between Vices as well as Virtues and one opens the Door for the Entrance of another.’ Therefore ‘Wise and able Politicians will guard against other Vices,’ and be attentive to promote every Virtue. He who is void of virtuous Attachments in private Life, is, or very soon will be void of all Regard for his Country. There is seldom an Instance of a Man guilty of betraying his Country, who had not before lost the Feeling of moral Obligations in his private Connections. . . . Since private and publick Vices, are in Reality, though not always apparently, so nearly connected, of how much Importance, how necessary is it, that the utmost Pains be taken by the Publick, to have the Principles of Virtue early inculcated on the Minds even of Children, and the moral Sense kept alive, and that the wise Institutions of our Ancestors for these great Purposes be encouragd by the Government. For no People will tamely surrender their Liberties, nor can any be easily subdued, when Knowledge is diffusd and Virtue is preservd. On the Contrary, when People are universally ignorant, and debauchd in their Manners, they will sink under their own Weight without the Aid of foreign Invaders. ~ Samuel Adams, a Founding Father of our Free Constitutional Republic; from “The Writings of Samuel Adams,” Volume 1, Chapter 18, Document 6; “Epilogue: Securing the Republic;” compiled and edited, in Four Volumes, by Harry Alonzo Cushing, and published by G.P. Putnam’s Sons, 1904 through 1908

TODAY, THE PRINCIPAL THREAT TO OUR LIBERTY COMES FROM INSIDE THE COUNTRY ITSELF, NOT OUTSIDE IT.

THE THREAT COMES ABOUT BECAUSE KNOWLEDGE TODAY IS NOT DISPERSED TO THE PEOPLE AS IT SHOULD BE, AS IT ALWAYS MUST BE IN A FREE CONSTITUTIONAL REPUBLIC, BUT IS ACTIVELY HIDDEN FROM THEM. AND VIRTUE ISN'T PRESERVED AND SAFEGUARDED. RATHER, IT IS DISREGARDED AND IMPAIRED. THAT WAS SAMUEL ADAM'S WARNING TO THE AMERICAN PEOPLE.

THE HIGH INFORMATION AND VIRTUOUS CITIZEN IS SORELY LACKING IN A GOODLY PART OF THE COUNTRY.

AN UNINFORMED ELECTORATE AND A DEBAUCHED CITIZENRY ARE THE PERFECT RECIPES FOR TYRANNY TO GAIN A FOOT AND HANDHOLD. THAT IS SAMUEL ADAMS WARNING TO THE NATION.

DRASTIC REMEDIATION IS NECESSARY. THAT REMEDY REQUIRES TRUE PATRIOTS WHO DEMAND ACCESS TO INFORMATION AND KNOWLEDGE AND WHO MAINTAIN THEIR VIRTUE AND INTEGRITY WHEN SO MANY OTHER AMERICANS HAVE LOST THEIRS.

KNOWLEDGE AND VIRTUE GO HAND-IN-HAND. THEY ARE NECESSARY CONDITIONS FOR THE PRESERVATION OF A FREE CONSTITUTIONAL REPUBLIC, BUT THEY ARE NOT SUFFICIENT CONDITIONS. MORE IS REQUIRED, MUCH MORE. THAT REQUIREMENT IS FOUND IN THE WELL-ARMED CITIZEN.

THE ARMED CITIZEN MUST REMAIN EVER  VIGILANT, WITH FIREARMS AND AMMUNITION AT THE READY.

MANY AMERICANS KNOW THIS WELL. BUT AN EFFETE, INEFFECTIVE CONGRESS AND A DECEITFUL RUTHLESS, LOATHSOME, TYRANNICAL ADMINISTRATION KNOW THIS WELL TOO. THAT EXPLAINS WHY CONGRESS AND THE PRESENT ADMINISTRATION ARE DEVELOPING NEW METHODOLOGIES AND PROCEDURES AND REVAMPING OLD ONES TO UNLAWFULLY SEVER THE RIGHT OF THE PEOPLE TO BEAR ARMS IN DEFENSE OF SELF AGAINST THE TYRANNY OF GOVERNMENT. AMERICANS MUST NOT LET THIS HAPPEN, LEST TYRANNY DESTROY OUR FREE REPUBLIC.

KEEP ALWAYS UPPERMOST IN MIND——It was by dint of firearms in the hands of the Founding Fathers, the Nation’s First Patriots, that Tyranny was bested. And it is only by firearms in the hands of the Nation’s Patriots today that the rogue Federal Government is prevented from strangling the life out of the People.It was by dint of firearms in the hands of the Founding Fathers, the Nation’s First Patriots, that Tyranny was bested. And it is only by firearms in the hands of the Nation’s Patriots today that the rogue Federal Government is prevented from strangling the life out of the People.Yet, the word ‘Tyranny’ is one Americans hear little about today: Not from the Government, the “Press,” the cable and broadcast news and commentary outlets, a myriad of periodical publishers, or the titans of social media and the internet. And why is that?The word was familiar enough to the American colonists back in the Eighteenth Century who suffered under its weight.These colonists felt sore enough over the ill effects of it to fight a war over it. And contending with it was no easy task.That they succeeded at all came at no little cost to themselves in privation and blood. And from the monetary standpoint, the cost of the war against the Crown was no easier. See articles in “All Things Liberty” and “History.com.”America’s Patriots knew the risk of failure: Death by Hanging as “Traitors” to the Crown of England.But so deep was their loathing of tyranny and so great their adoration of and devotion to liberty—tyranny’s opposite—that they were willing to risk everything to secure liberty for themselves, their family, and for those generations of Americans yet unborn.That they succeeded at all, and so well, came much to the surprise of many—certainly to those colonists, who, proclaiming their allegiance to the Crown, accepting of the King’s tyranny, had wished ill of America’s first Patriots. They either desisted from the conflict or took part in it, aiding the Tyrant, King George III, and, by extension, aiding the King’s moneylenders, the notorious Rothschild Clan.See. e.g., articles on the websites “NewsPunch” and on “revolutionary-war.net.”These Tories, British Loyalists, were generally very wealthy colonists, holding important posts in the colonies as representatives of King George III. Surprised, shocked, anxious, and infuriated at the outcome of the conflict they must have been—all of them. And after the war, many fled to Canada, the West Indies, or England to live out the rest of their days.No less did surprise, consternation, and frustration come to the British Monarch, George III, and to the extravagantly wealthy, inordinately arrogant, and singularly rapacious House of the Rothschild Banking Dynasty. It was this Banking Dynasty that funded the Monarch’s campaign to quash the American rebellion against their authority. It is this Dynasty that has funded all major wars and at a substantial profit to and delight for itself, and with concomitant loss and waste and horror for most everyone else. See the article in Insider.Tyranny was and is never far from a nation, any nation, even one founded categorically and unmistakably on Liberty, as is our own.Yet, something happened through the succeeding decades and centuries. We find Americans who should detest the very thought of tyranny seem now to have made their peace with it; have become accepting of it. Yet, many Americans who are conscious of the rise of tyranny in America relish the thought of it. Government cultivates tyranny. And the legacy Press, cable and broadcast news and commentary outlets, and social media and internet companies see to its dissemination.Tyranny waxes and Liberty wanes, permeating every institution of society, albeit masked, half-heartedly, through the ludicrous dogma of “Diversity, Equity, and Inclusion.”This comes to light through the shredding of our fundamental, natural law rights and liberties and is seen through Americans' indifference toward their basic rights and liberties that previous generations of Americans fought and died for.We witness the expansion of tyranny in America’s dismissive attitude toward the Fourth Amendment’s Freedom from Unreasonable Searches and Seizures clause.And we see this through Americans’ lack of concern over and even distaste toward the First Amendment’s Freedom of Speech, Freedom of Religion, and Right of Association clauses.And we see this through Americans’ outright loathing of the Second Amendment’s right of the people to keep and bear arms.How did this come to be? Can it be that many Americans don’t recognize tyranny? But how is that possible? The intimations of tyranny in America were prevalent, especially during the mid-Twentieth Century.But these barely sensate intimations have grown into a cacophony that only a moron could fail to recognize.Might it be that most everyone here does recognize tyranny, doesn’t like what they see, but feels powerless to contend against it? And, so out of fear and resignation, they submit to it? And, at once, there are those Americans that see tyranny as a good and proper thing, even if they don’t use the term to describe the Country they would like to see emerge in their Neoliberal Globalist and Neo-Marxist Counterrevolution.Consider——There are Americans who abhor the right to dissent; who rail against Christianity; who couldn’t care less about their privacy and who live for the day that the civilian citizenry must surrender their firearms, all of them; and must surrender their ammunition—all of it.Thus, tyranny gains a foothold.Many Americans are unfamiliar with the content of our sacred texts and documents.The dangers of Tyranny are explored in the “Federalist Papers,” a series of essays written by three of the Founding Fathers: James Madison, John Jay, and Alexander Hamilton.Thomas Paine, another Founding Father, explored tyranny as well in his work, “Common Sense.”And the Nation’s Constitution sets forth preventative measures to ward off tyranny.The Articles of the Constitution are a blueprint for minimizing the occurrence of tyranny in the Federal Government by limiting the powers of the Federal Government and demarcating those powers among three co-equal Branches.It was the fervent hope of the framers who hashed out our novel Federal Government—doing so with considerable difficulty after assiduously exploring past designs of Government—that the Nation would ever be spared the occurrence of it.And the Bill of Rights—especially the First and Second Amendments—are presentments of Natural Law, operating as the final fail-safe against a rogue, tyrannical Federal Government.Indeed, the precursor of the Constitution, “The Declaration of Independence,”  is an essay establishing the moral obligation of man to battle against tyranny.And for all the hullabaloo about Donald Trump, our 45th President being called an autocrat, he didn’t “cause” tyranny. In fact, he tried his best to prevent it. For, under the tutelage of Clinton, Bush, and Obama we were drawing perilously close to it. Most Americans saw that right away. They would have none of it. A Hillary Clinton Presidency would have been the last nail in the coffin of Liberty.By commencing a drastic cleaning up of “the swamp,” i.e., the Administrative State, President Trump brought the inexorable slide toward tyranny to a screeching halt. He was undeterred in his effort to protect the gains of the American Revolution from backsliding into Tyranny—the state of the American colonies before the Revolution.See the article in PJ Media.“We can talk about Trump’s successes for days — the wall, the re-writing of NAFTA, low gas prices, etc. But let’s focus on Trump’s most important achievement of them all: he forced the hand of the swamp commies, and now we can see who they are. There was a time when friends of mine would discuss anonymous ‘globalists’ trying to create the ‘new world order.’ They spoke of the new brand of communism trying to take over the planet, all of which sounded like a big bowl of flapdoodle to me. Now I can’t unsee it. Thank you, President Trump.Trump is the president who was never supposed to be. No one else could have beaten Hillary, and everyone on both sides of the aisle knew it. What they didn’t count on was a bull-buster from Queens who didn’t play ‘the game.’Trump scared the hell out of the swamp commies, but they were fairly quiet before he shook the (snow) swamp globe and exposed them. Then they went on the attack.”The Obstructors and Destructors of our Nation went to work. They made certain that Trump would never serve a second term in Office. And with the Biden Puppet figurehead safely ensconced in the Oval Office, the gains Trump had made in reverting the slide toward tyranny commenced once again and with a frenzy.The Destroyers of our Republic never intended for the American people to gain awareness of the loss of their rights and liberty and sovereignty over the Government. But they could not mask the grand deception, as Trump had shone a bright light on their agenda.Thus, these Destroyers of our free Republic could not—and now, don’t even try—to cloak that agenda anymore: the dismantling of a free Constitutional Republic, that it may then be merged into a grandiose neo-feudalistic-corporatist world empire.Instead, they have brought their agenda full into the light of day, manipulating the public to accept the seeming splendor of their entire enterprise. And, of course, they don’t use the word ‘tyranny’ to explain their end goal, the subjugation of Americans.They befuddle the American psyche, constantly invoking, ad nauseum, through their puppets in Government, in the Press, academia, and in Big Tech, Big Finance, and Big Business, the word, ‘Democracy,’ as if the invocation of that one word effectively dispels the horror they have in store for all of us.An able rhetorician can sway a susceptible mob to do his bidding, and that mob will willingly, even gladly, surrender its Liberty and Freedom. We see this happen. It is not to be denied.But for those not so easily swayed and who are not of a mind to willingly forsake their Liberty and Freedom, they can ever hope to retain Liberty and Freedom through vigilance and force of arms.Ruthless men lust for power over other men, and they will rule over all men unless compelled by dint of arms to forbear.It has always been so and shall always remain so. Keep this Truth ever in mind.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

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

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

MULTI SERIES

PART NINETEEN

SUBPART ONE OF PART NINETEEN

A NATION ON THE PRECIPICE OF RUINATION

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

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

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

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

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

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

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

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

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

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

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

SUBPART TWO OF PART NINETEEN

SUB-SUBPART A

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

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

SUBPART TWO OF PART NINETEEN

SUB-SUBPART B

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

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

• The likelihood that Plaintiffs would prevail on the merits.

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

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

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

• Substantial injury to the nonmoving party. 

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

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

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

“TRIGGERS” ANYONE?

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

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

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

“A HEIGHTENED RISK OF GUNFIRE”?

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

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

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

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

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

IN SUMMARY

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

TO WHOM DOES THE COUNTRY BELONG: THE PEOPLE OR THE GOVERNMENT?

PART ONE*

AN ESSAY ON THE IMPORTANCE OF FREE SPEECH AND ARMED SELF-DEFENSE IN A FREE CONSTITUTIONAL REPUBLIC—A REPUBLIC PERCEIVED BY THE BIDEN ADMINISTRATION AND OTHERS AS OUT-OF-STEP WITH A WORLD MARCHING TOWARD GLOBAL ECONOMIC AND SOCIAL UNION AND WORLD POLITICAL TYRANNY; A WORLD INTENT ON BRINGING THE UNITED STATES INTO ITS FOLD; A WORLD THAT THE BIDEN ADMINISTRATION, THROUGH BOTH ITS WORDS AND DEEDS HAS SHOWN A MARKED PROCLIVITY FOR; AND IN THOSE ACTIONS, HAS DEMONSTRATED ITS COMPLICITY IN WORKING WITH OUR NATION’S FOES TO MAKE IT SO.

“Power is in tearing human minds to pieces and putting them together again in new shapes of your own choosing.” “But always – do not forget this, Winston – always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face – for ever.” ~ two quotations from George Orwell’s Dystopian Novel, “1984”Does this Country, the United States, as a free Constitutional Republic, belong to the people?Trivially, one would answer, “yes, of course.” That’s what the Founders intended. There can be no doubt of that. And that’s what they sought to achieve in fashioning the Nation’s Constitution: their Blueprint for a free Constitutional Republic.But, once again—Does this Country, the United States, as a free Constitutional Republic, belong to the people? Two years under the thumb of the present Biden Administration; a seditious Press; a weak or compliant Congress; the weaponization of the Federal Bureaucracy against its own people; the flagrant miscarriage of justice, targeting innocent Americans in clear violation of their Fifth, Sixth, Eighth, and Fourteenth Amendment rights; rampant and escalating violent crime; uninhibited attacks on our Nation’s history, heritage, culture, and ethos; desecration of our monuments, art, and emblems; denigration of our founding fathers; the subversion and perversion of our public education system; the deliberate sabotaging of our Nation’s economy and energy resources; the compromising of our electoral system—all this and more, and one must wonder.So, then, DOES this Country belong to the American people?An American, reflecting on the aforesaid recitation, is now unsure, and answers with an equivocal: “well, maybe; then again, maybe not.” After 245 years, has a fervent wish, hope, and prayer of the Founders degenerated into nostalgic sentiment, bespeaking a fleeting, and misty bygone reality, dead now and buried?Well, not as long as the Bill of Rights remains intact. It is still with us—barely! And, many there are, both here and abroad, that would wish it to be dead and buried, as well, along with the rest of the Constitution.“Not so fast,” say most Americans, but that, sadly, doesn’t include the officials of the present Biden Administration, along with many of those in Congress, who have a lot of control—too much control—over our life and well-being. And, it doesn’t help that the legacy Press is of one mind with the Biden Administration. And we must, unfortunately, add many more people in business, finance, and academia, to that list, who are in agreement.But even as many powerful, ruthless people would have liked long ago to dismantle the Constitution, and, to eradicate, especially, the Bill of Rights component of it, the Founders in their profound wisdom, made it a very difficult thing to do legally, and we can be thankful for that, even as those who hate the Country, would, understandably, take issue with the Founders for that very prescience.  And, although the present Administration has—with its control of the vast Administrative machinery of Government and with assistance from a mostly friendly or otherwise placid Congress, a seditious Press, and other inordinately powerful, ruthless actors, pulling the present Administration’s strings, behind the scenes—found it easy enough to subvert law and Constitution with relative ease, they have not found it so easy to ignore the dictates of the Bill of Rights, even as they have, as one must acknowledge, made considerable inroads in constraining much of it. Such is the power and arrogance wielded by the Destroyers of our Nation that had enabled them to do this and to get away with it.But, for all the damage the Biden Administration, Congress, the Press, and the private sector proxies of the Administration have done to this Country and to its people in just two years—and with two more years remaining to be reckoned with before the demented fool in Office walks out on his own two feet or is otherwise wheeled out—Americans may take some solace in the fact that a modicum of the Founder’s wish for us still remains and, hopefully, the Republic they created will outlast any and all attempts by the Biden Administration and others to harm it further or possibly destroy it.

THE NECESSITY OF OUR NATION’S NATURAL LAW RIGHTS TO FORESTALL, DERAIL, OR PREVENT TYRANNY

What is required to protect a free Republic and the sovereignty of the American people from the thrall of Tyranny of Government? It is the persistence of Americans’ natural law rights, and two in particular: free speech and an armed citizenry. These are necessary conditions to keep a free Constitutional Republic alive and to keep tyranny at bay.These two Rights subsume all the others and are inextricably tied to each other.Both are integral to the functioning of and preservation of the Nation as a free Constitutional Republic.

THE RIGHT TO FREE SPEECH

The natural law right of free speech entails the right to dissent.This right is essential to the sanctity and inviolability of one’s Soul and it is one of two fundamental natural law rights necessary to keep the tyranny of Government in check.Through the exercise of it, a person expresses his individuality. But erase it, and a person becomes a Zombie, or, in archaic Judaic folklore, a “Golem.”A Zombie or Golem is a creature not of God but of man—a thing of mud and dirt, unfinished—with the makings of a man, and seeming to be a man in rough form, but lacking the Divine Spark, the animating breath of life and Being and Spirit, and Soul, bequeathed to man by the Divine Creator. The Divine Spark comes only from the Divine Creator alone—the source of free will, moral conscience, creative energy, drive, motivation, aesthetic sense, and self-awareness—thus, the idea of Man in the Image of God.A Zombie/Golem is not of God, and, therefore, but a forlorn creature, lacking will, conscience, motivating impulse, aesthetic sense, and self-awareness, NOT a man.That is what the Biden Administration would wish to make of all of us—a thing that doesn’t think, but only reacts to the gospel the Biden Administration preaches, as echoed by the Administration’s vast propaganda organs—a formless mob that does not engage in conscious thought and reflection, and that is incapable of engaging in creative thought or exchange, but simply does as it is told.

THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS

The right to keep and bear arms entails the right to self-defense in the broadest sense.The natural law right to armed self-defense is essential to the maintenance of a person’s security and physical well-being, keeping predatory man, predatory animal, and predatory Government at bay.Through the exercise of the right to own and possess firearms, the citizen keeps his sovereignty and dominion over the Government in check, lest it degenerates into worst tyranny.

THE RIGHT TO DISSENT AND THE RIGHT TO BEAR ARMS ARE BOTH NECESSARY FOR THE PRESERVATION OF A FREE STATE

These two basic rights, Free Speech and the Bearing of Arms are essential fixtures of a free Constitutional Republic, inseparably linked, and fused as one.If Man has the right to dissent from the encroachment of tyranny but lacks access to firearms, he may have the will to resist but he lacks the means to do so.If Man has access to firearms but lacks independence of thought, Man’s mind is adrift. He lacks the will to preserve “the security of a free State.” And his weapons come to naught.Both are required.The government thus binds a free man to its dictates; suppresses man’s creative impulses and drives; insinuates itself into every aspect of man’s life. And in making man’s life miserable, the Government at once makes certain that man cannot fight back against that Government. Its actions become more incessant and more aggressive.Nothing remains private or sacred; nothing remains beyond Government’s all-seeing eye, and nothing remains beyond the power of Government to poison and destroy all good things—all to promote the “Good Society,” i.e., the well-ordered society, the well-behaved society, the conformist society.The government even deadens a person’s instinct for self-preservation: there is no “Self” left to preserve.A person thus comes to view himself as merely an insignificant, lifeless cog, in a lifeless, cold, remorseless machine.AQ has previously pointed out that the natural law right of speech, i.e., independence of thoughts, and the natural law right of self-defense, which logically entails armed self-defense, are inextricably linked. See our article, titled, “The Right To Dissent And The Right To Bear Arms Are A Bulwark Against Tyranny,” posted on this website, on November 21, 2022. In pertinent part, we wrote,“. . . if one is prevented from exercising one’s freedom of speech—the freedom to dissent, the freedom to exercise independence of thought—one’s mind, spirit, and soul is damaged.And, if one is prevented from exercising his freedom to bear arms—one’s right of defense against a predatory beast, predatory man, or predatory government—then the safety and well-being of one’s physical Self are imperiled.The two most basic rights—the right of self-protection and independence of thought—go together. To lose the one is to lose the other.”Autonomy of Selfhood is impossible where the individual is helpless—physically, psychically, mentally, intellectually, and spiritually.But, many would resist and would have the means to do so, as long as one is armed. But our Country is not like those of the EU, or of the British Commonwealth. Our citizenry is armed.But suppose the Government allowed man a modicum of expression, freedom from relentless scrutiny in exchange for paying homage to it. And suppose the cost for that was the loss of his firearms—the thing that can bring down tyranny.Suppose Government could “tease” those who resist mass confiscation of their firearms into surrendering them if the Government promised to them from harassment and the ire of their fellow compliant, docile compatriots.If successful, Government’s tentacles would wrap around the last vestiges of freedom. Nothing would remain to stop the plunge of the Country into totalitarianism. Law, as such, would devolve into ad hoc pronouncements, and edicts of the Tyrant and his minions, that could change at the Tyrant’s whim, without prior notice. The Tyrant would constantly keep the populace confounded, off-balance, and in a state of abject fear, without the means and wherewithal to object. And those few that could still reason at all would rebel against Tyranny if they could, but they cannot because they lack the means, firearms, to do so.Man, lacking the means to ensure his freedom would become wholly dependent on the Government to satisfy his basic needs, his physical survival. His life would be reduced to mere subsistence. And, for those few who stood in the Tyrant’s grace, their life would be carefree, and pleasant enough, but would be purposeless, meaningless, and inane. Each day would be marked by pursuing one pleasure after another, living life in a slothful, languid manner. And, as ever required now and then, showering the Tyrant with flattery, and slavish devotion, for this modern-day courtier could never know when he might fall out of the Tyrant’s grace. One would have to look to the life of serfs and that of the nobility and royalty in the Middle Ages to find a useful comparison for what is in store for mankind in a neo-feudalistic world empire that is in the making.In the absence of the armed citizenry, the tyranny of Government is not only possible. It is inevitable!

THERE IS A REASON  THE BIDEN ADMINISTRATION, LIKE ITS PREDECESSOR, THE OBAMA ADMINISTRATION, IS APOPLECTIC OVER GUNS AND THE NATION’S THE ARMED CITIZENRY, AND IT HAS NOTHING TO DO WITH CONCERN FOR PUBLIC SAFETY.

Make no mistake: The government, THIS FEDERAL GOVERNMENT, is coming after Americans’ weaponry, doing so, incrementally, in dribs and drabs. Any setback leads immediately to another effort. The Biden Administration and Democrats in Congress won’t stop until they have de facto erased the right of the people to keep and bear arms, codified in the Second Amendment, and have confiscated millions of firearms from the civilian citizenry. The campaign of confiscation will continue, indefinitely under the dictatorship that this Country is moving toward by leaps and bounds.The Government usurpers are in deathly fear of the armed citizen. That explains their stubborn, all-consuming drive to erase the Second Amendment. But they cannot acknowledge this. They can never acknowledge this. They cannot so much as suggest this.To do so would be to admit their fear and weakness. And it would draw attention to their unlawful acts of usurpation of the citizenry’s sovereignty over them.It would cast light on their unlawful attempts to erase Americans’ natural law rights. The armed citizenry is the one remaining failsafe to keep tyranny from the final triumph over Nation, Constitution, and People.The usurpers of our sovereignty assiduously avoid acknowledging or even intimating their own dread of the armed citizenry. They do so by cleverly deflecting attention away from themselves, from their own fear, and directing public attention on those Americans who abhor firearms and who shun those who exercise their God-given right to keep and bear them.  Thus, the Government creates the myth that it is the armed American citizen who induces fear in all other Americans, and that public safety and order demands that Americans relinquish their firearms. It is all nonsense, of course. The criminal element and homicidal maniac will not be affected, nor deterred by this—not by any of it. Note that the Biden Administration and anti-Second Amendment groups’ efforts are always directed at creating laws targeting the average American citizen, with no mention of the criminal element and little to no mention of the mentally incompetent.This little fact should give discerning Americans pause, as it undercuts the Biden Administration’s contention that its arms control policies to end Gun Violence—their present go-to catchall phrase—are directed at promoting public safety and public order for the benefit of Americans. Given the lack of any coherent Government policy to tackle rampant violent crime, whether criminals use firearms or any other implement at their disposal, the inference that one must draw from this is that the Biden Administration, along with a captive, seditious Press, and Anti-Second Amendment groups, such as the Brady antigun group, and Everytown for Gun Safety, isn’t interested in dealing effectively with violent crime—and never was interested in that. The Administration’s interest and that of the Press and Anti-Second Amendment groups is and always was, on eliminating the armed citizenry. That explains why the focus of their efforts was and is directed almost entirely on going after gun manufacturers, and retail gun dealers, ammunition suppliers and manufacturers, and weaponry in the hands of the average citizen. The aim is to destroy the fact of and the very notion of an armed citizenry as the mainstay to protect the security of a free State. A Tyranny has no use for either a free State or a free people.Curbing instances of violent crime, especially in our Nation’s major urban areas, is rarely if ever mentioned. One only hears the expression Gun Violence or Assault weapon mentioned and those phrases are only mentioned in the context of the average, rational, responsible gun owner, not in the context of the psychopathic criminal element or the drug-addled raving lunatic that is, alone, responsible for violent crime. But, then, these criminal and lunatic elements are serving a purpose, if unconsciously. They are serving the Government by demoralizing and disorienting the public, and by destabilizing society. Defunding police departments, handcuffing their ability thereby hampering their ability to fight crime and to protect their respective communities; banning the popular semiautomatic weapon in common use, that is utilized for self-defense; restricting the public’s use of firearms through the enactment of a multitude of mind-numbing federal and State laws that negatively impact a person’s ability to defend him or herself in a life-threatening situation, criminalizing the right of the people to keep and bear arms—all for the purpose of providing for and promoting public safety—this is difficult to fathom. Claiming a desire to protect the public by leaving it defenseless beggars credulity. How does this work? It operates in this way——The Government, presenting itself as a Guardian of public safety and order pretends to protect the unarmed John Q. Public—not from the criminal element or the homicidal maniac—but from the armed John Q. Public citizen. This is the unstated but constant and consistent theme running throughout Biden’s attack on gun possession and ownership. There are too many guns, i.e., there are too many guns in the hands of too many average Americans.The Government and its propagandists do this by positing that the armed John Q. Public, is, a danger to the public by dint of his desire to exercise his natural law right of armed self-defense, and, so, the claim is that a person who wishes to exercise his God-given right of armed self-defense is, by definition, a violent aggressor and inherent danger to the public by virtue of his keeping and bearing arms; ergo, he is a transgressor of public order and harmony, and of societal norms; that he is “unmutual” and must undergo social conditioning to correct his abnormal behavior and abnormal thought processes.But, what is really going on here is Government Tyranny imposing its will on those who will not accept the imposition of Tyranny upon the Country. But the Government is taking pains to hide that fact. So, by a feat of legerdemain, the Tyrannical Government doesn’t refer to itself as stepping on the head of the American citizen—who seeks only to be left alone and to exercise his God-given rights, free from coercion and harassment. Rather, the Government, THIS Federal Government, i.e., THE BIDEN ADMINISTRATION, points its finger at those individuals—who happen to be tens of millions of us— who rightfully refuse to conform their thoughts and behavior, their individuality, to unlawful Government edicts and dictates. The Biden Administration claims that it is these Americans who are stepping on “the rights” of their neighbors, namely those people who have abjectly surrendered their Soul, Spirit, and Selfhood to the Government.As this Federal Government, this Biden Administration dismantles our Free Constitutional Republic, some Americans accept this. Some even laud it. But many others realize the danger this Government poses to the well-being of the Republic and to the sanctity and inviolability of their individual Being. And they will have no part of it.The theme presented by the Government’s propagandists is——New Age Remodelers of America, “the Sensible Americans” vs. Old Age Preservers of the Republic, “the Irrational Americans.”Drilled down to its basics, what the perspicacious observer sees is the age-old battle now come back to haunt us, Americans:Tyranny versus Liberty.It is really that simple. And with each passing day, the dynamic playing out throughout the Land is ever clearer. Which shall it be? The “vote” is out on this.

THE GOAL OF THE BIDEN ADMINISTRATION IS THE GOAL OF THE UN POLICY THINK TANKS, AND OF BOTH THE EU AND OF THE BRITISH COMMONWEALTH NATIONS THAT ARE ALREADY HALFWAY THERE: THE DESTRUCTION OF THE WESTERN NATION-STATE—ALL OF THEM, AND WHAT REMAINS OF EACH OF THEM ARE TO BE MERGED INTO A ONE-WORLD TYRANNICAL GOVERNMENT. THAT IS THE AGENDA. THAT IS THE PLAN. THEY ARE ALL OPERATING OUT OF THE SAME PLAYBOOK, AND IT IS ALL TIED TO THE UN ARMS CONTROL PROTOCOL, TIED TO INTERNATIONAL IDEAS ABOUT GUN OWNERSHIP AND POSSESSION.

The goal is this: immersion of all western nation-states, including, and especially, the  United States, into a neo-feudalistic world order. This is to replace all independent sovereign nation-states and, of salient importance, this requires the inclusion of the United States for the postulated tyrannical empire to be successful. The inclusion of the United States into a grand world Totalitarian scheme is required, not only because of its nuclear power capabilities but because of the Nation’s unique Bill of Rights, the only truly free Constitutional Republic in existence since the dawn of civilization. It won’t do for the United States to continue to exist as the one independent sovereign western nation-state holdout, with its free and sovereign citizenry in a world that is ruled by a small tyrannical cadre of royalty and nobility, oppressing humanity through a massive police, military, intelligence, surveillance presence. Waves of oppressed people would attempt to enter the United States, illegally, as they do now, but this would not be in accordance with the present UN agenda to destroy the integrity of a nation’s geographic borders, the unstated goal of which is to pave the way for a tyrannical neo-feudalistic empire, encompassing much of the world. No.This new wave of would-be transplants would try to circumvent the Globalist agenda of a one-world government, resulting in growing unrest among billions of people throughout the world. Such massive unrest would be exceedingly difficult to contain, absent a bloodbath such as the world has never before seen. But, the result of such a bloodbath would lead to further upheaval in the world empire. And that upheaval could not be contained. Fissures would open up throughout the empire, and the empire would collapse from the unsustainable weight of itself, no longer kept in reasonable check through its brutal class of military, para-military police, and intelligence overseers. Consider the problem that CCP China is having with its own disgruntled oppressed population. As large as China is both in landmass and in population, it is nothing on the order of a world empire. Can Xi Jinping’s Government contain the unrest? It would seem so. After all, the Chinese people do not have access to firearms. They cannot easily defy the tyranny they have lived under for so long, especially, in the years of the CCP Coronavirus pandemic, which they still live under. But, fractures are in this tightly controlled society. But, without firearms, a revolution cannot succeed. Thousands of people may be killed, and tens of thousands more could wind up in detention camps. Possession of firearms in CCP China is strictly controlled.“The Law of the People’s Republic of China on Control of Guns,” is lengthy and makes clear that obtaining Government approval to possess a gun legally for the average citizen is highly unlikely and would hardly be worth the effort, even if a person were able legally to obtain one. The Gun Law of CCP China provides in part,“Article 1 This Law is enacted for the purpose of tightening control over guns, preserving public security and order and ensuring public safety.Article 2 This Law applies to control of guns within the territory of the People’s Republic of China.“Article 3 The State establishes strict control over guns. All units and individuals are prohibited to possess, manufacture (alter and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws.The State shall severely punish any criminal act committed in violation of the control of guns. Every unit and individual has the obligation to inform against any violations against the control of guns. The State shall protect the informant and reward the persons who have rendered meritorious service by informing against criminal acts committed against the control of guns.Article 4 The public security department under the State Council shall be in charge of control of guns throughout the country. Public security organs of the people’s governments at or above the county level shall be in charge of the control of guns in their administrative regions respectively. The public security organs of the people’s governments at higher levels shall exercise supervision over the control of guns by the public security organs of the people’s governments at lower levels.”

THE BIDEN ADMINISTRATION DOESN’T HAVE AN EASY JOB OF IT TRYING TO CONVINCE AMERICANS THAT GUN POSSESSION IS TO BE CONSIDERED ARCHAIC, OUT OF VOGUE, AND INCONSISTENT WITH MODERN-DAY INTERNATIONAL NORMS OF THOUGHT AND CONDUCT—AS IF AMERICANS SHOULD GIVE A DAMN ABOUT THE TYRANNY PREVALENT IN THE EU OR IN THE BRITISH COMMONWEALTH NATIONS ANYWAY, OR THAT NATURAL LAW RIGHTS THAT ARE, OF THEIR NATURE, GOD-GIVEN, AND, SO, FUNDAMENTAL, UNALIENABLE, ILLIMITABLE, IMMUTABLE, UNMODIFIABLE, AND ETERNAL ARE THE SORTS OF THINGS THAT CAN EVER BE CONSIDERED OUT OF FASHION.

The Biden Administration, much of Congress, and many Americans, as well, are completely out of touch with the basic precepts, principles, and tenets of the U.S. Constitution, upon which our Nation, a free Republic was founded and upon which it is grounded. Attempting to discuss this matter at all with them is doomed to failure at the outset. There is no common ground upon which a dialog could commence. To try to do so would be like attempting to carry on a conversation with an alien species. There is nothing decipherable between us and them. Neither of us could begin to translate the other’s language. That explains why this Nation is at loggerheads. Biden’s remarks at his inauguration, if one can even accept the propriety of calling it an inauguration, where he talks about unifying the Nation, he was probably being insincere at best. But, even if Biden were, at the time at least, being honest, his attempt at bringing the Nation together was impossible at the get-go. Both he and his Administration operate on a set of postulates nakedly inconsistent with the U.S. Constitution. So, where could an American citizen who cherishes the Constitution, and who cherishes our history, heritage, culture, Judeo-Christian ethic, and Nation’s ethos, even begin a conversation, on any matter with him or with any of the people that serve in his Administration? Biden’s speech to the Nation, on September 1, 2022, was beyond the pale. To make sense of it at all, one must infer that he has declared war on half the Nation. There is nothing else to make of it. There’s not so much as a hint of rapprochement either in the content or tone of that speech, let alone a suggestion of national unity in it. In truth, the speech was nothing more than a harangue, and the backdrop only accentuated that fact. It is not surprising that Biden would be dead-set against Americans’ exercise of their right of armed self-defense. One does not proffer arms to a perceived enemy. One confiscates arms from that enemy. And, so Biden attacks the armed citizenry, incessantly, mercilessly.Aided by a seditious Press, the Biden Administration claims that  Americans who “flaunt” their exercise of the right to keep and bear arms jeopardize all Americans, even as it is really, and only, the Government itself that registers agitation, hatred and dreaded fear of the armed citizenry.In the Sunday, November 26, 2022, NY Times, the author of the piece, Mike, McIntire, exclaims,“Across the country, openly carrying a gun in public is no longer just an exercise in self-defense — increasingly it is a soapbox for elevating one’s voice and, just as often, quieting someone else’s. . . .Armed Americans, often pushing a right-wing agenda, are increasingly using open-carry laws to intimidate opponents and shut down debate. . . . Today, in some parts of the country with permissive gun laws, it is not unusual to see people with handguns or military-style rifles at all types of protests.”Note the author’s recognition of the close nexus between the First Amendment, “Freedom of Speech,” and the Second Amendment, “right of the people to keep and bear arms.”Yet, in that entire Op-Ed essay, posing as a news account, there is not a word mentioned of actual violence occurring by these well-armed Americans protesting the Government; nor is there any mention of fear of violence felt by one American that another American happens to carry a firearm.Apparently, violence is taken as a given, i.e., as axiomatic, without the need for proof. Merely TO BE armed is enough to scare the Tyrant. As well the Tyrant should be frightened. As well all Tyrants should take note of the Tyranny they imposed on their people. And it is both the right and the duty of the American citizen, to point out to the Tyrant that it is the Tyrant’s behavior that promotes violence directed at the Tyrant. That violence does not emanate from the armed without good reason. The Federal Government has nothing to fear from the armed citizenry as long as it acts in accordance with the U.S. Constitution and serves the interests of the American people. THIS IS AS IT SHOULD BE! AND IT IS AS THE FRAMERS OF THE U.S. CONSTITUTION INTENDED! Sad it was that Americans once were compelled to take up arms against a Tyrant. And that Tyrant, George III, and the Rothschild Bankers resided across the sea. Worse it is when one’s own Government imposes tyranny on its own people.But invoking fear and anger in the masses is necessary to rationalize restrictions on the right to keep and bear arms, for Tyranny cannot prevail in the midst of an omnipresent armed citizenry, and where one Branch of Government, the U.S. Supreme Court, stands guard over the Bill of Rights, as is presently the case. The author of the Times article, supra, was compelled to recognize the seminal Second Amendment Heller case, but since it doesn’t serve the Tyrant Government’s agenda, with whom the Times newspaper is in alliance, the author deliberately misrepresents the import of the case, distorting it to serve the Government Tyrant’s cause.Slithering around the import of Heller, McIntire says that Heller— “. . . made clear that gun rights were not unlimited, and that its ruling did not invalidate laws prohibiting ‘the carrying of firearms in sensitive places.’ That caveat was reiterated in a concurring opinion in the New York case.”The news reporter latches onto the phrase “gun rights were not unlimited.” But that phrase is dicta. It isn’t the law. The phrase has nothing to do with the Heller holdings. So, why is it in Heller at all?Ever mindful of his words, the late Justice Antonin Scalia, who penned the majority opinion, would have preferred not to use it. He inserted the phrase into the opinion likely to appease both Chief Justice, John Roberts, and retired Associate Justice Anthony Kennedy to obtain their votes.The phrase was not meant to give carte blanche to States to run roughshod over the Right. But the phrase seems to suggest that the States can do just that, and many States have in fact done just that, which is why the Court was compelled to take up Bruen.What Justice Scalia meant by the phrase, “gun rights were not unlimited” is this, as set forth in the Majority Opinion:“The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”Scalia alluded to the Federal Statute, 18 U.S.C. § 922(g) that precludes certain categories of individuals from possessing firearms.In that paragraph, cited supra, Justice Scalia also refers to “sensitive places” but this is merely an observation. Scalia simply mentions the places where, historically, individuals were prohibited from carrying a firearm. But this doesn’t mean a State can designate “sensitive places” willy-nilly.The phrase, “sensitive places” wrongly inspires wrong-headed thinking about the application of the Right. The failure of many jurisdictions to heed the rulings of Heller explains why Bruen came along, thereafter.In striking down the “proper cause” requirement of New York, Justice Thomas, writing for the majority, clearly also warned the New York Government about the misuse of “sensitive place” restrictions. New York Governor Hochul ignored the warning.Hochul’s contemptuous attitude toward the High Court, illustrated in a plethora of amendments to the State’s Gun Law, has led to several legal challenges, pending in Federal District Courts of New York and in the U.S. Court of Appeals for the Second Circuit.It is in the nature of Government that it inevitably fosters ill-well in the polity it is supposed to serve. In the process, it gives itself expansive powers beyond what Statute and Constitution allow.And what is Government, anyway? It is a creation of man, not a creation of God. It is an artificial construct.Unlike the Divine Creator, perfect and eternal, Government is imperfect and impermanent; flawed and transitory, and dangerous to freedom and liberty.The poet and essayist, Henry David Thoreau, stated, and oft-recited to this day:“That Government is best which governs least.”Of all our Presidents, from the late 20^th Century onward, Ronald Reagan, our 40^th President, knew this best, and his Administration sought to place brakes on the Administrative State to prevent it from doing harm to the public. The website, reagan.com, sets forth,“Anyone curious about the views of Ronald Reagan on big government can consider what he thought were the nine most terrifying words in the English language: ‘I’m from the government, and I’m here to help.’ Reagan stated many times the danger of this seemingly mundane claim, and it came to define many aspects of his presidency, as well as his legacy.”The 45^th President, Donald Trump, to his credit also knew of the danger of “Big Government,” and he emulated Reagan in recognizing this and doing his best to rein Government in. See the msnbc.com article, comparing Trump and Reagan.Americans who wish to preserve the Nation in pristine condition, consistent with the precepts of the Constitution as understood by the framers of it, and those who seek to dismantle the whole of it, both acknowledge and agree with the comparison, although the former laud the sentiment expressed, while the latter condemn it. See msnbc article: Now juxtapose Reagan’s greatest fear for the Country with this from Biden, as mentioned in a Forbes article:“In off-the-cuff remarks at a recent meeting of the Business Roundtable, President Biden said, ‘There’s going to be a new world order out there, and we’ve got to lead it.’” The meaning of the remark made at the end of March 2022, when viewed from all that Biden’s Administration has wrought—from the time Biden set foot in the Oval Office, up to the present time—exemplifies Reagan’s worst fears of Government overreach and usurpation of the sovereignty of the American people over Government and the loss of a free Constitutional Republic.Reagan’s fear bespeaks the quandary that the framers felt in constructing a Government for the nascent Country. For, Government suppresses man’s freedom and liberty and oppresses his dignity. That’s the way things are.The seeds of tyranny exist in all governments despite their myriad forms. The culmination of Tyranny, writ large, is that of a world government, which all western nations are moving inexorably and, it appears, irrevocably toward.The citizenry must judge the extent and scope of tyranny and ascertain that point it would no longer abide by tyranny.The framers of this Nation’s Federal Government knew that Government inevitably, invariably turns toward tyranny if left to its own devices, and, so, to slow the inevitable slide toward tyranny, they imposed restraints on the powers the Government can lawfully wield. And they further demarcated Government’s limited powers among three coequal Branches.But the framers also knew that, even with the checks and balances in place, as set down in the Articles of the Constitution, this would not prevent the onset of tyranny.Thus, to check the inexorable and inevitable march of the Federal Government toward tyranny, they delineated and codified, in the Constitution, the Divine Rights of the people, against which Government cannot lawfully tread.Yet, tyranny in the Federal Government is now fully upon us. It cannot be reasonably denied. And it came about due to the inattentiveness of the electorate and to the secretive, ruthless enterprises of powerful and wealthy people, both inside the Federal Government and outside it. And, this tyranny of Government will only worsen, and with rapidity.These are a few of the major outward signs of Tyranny:

• Consolidation of power;
• The Weaponization of Government agencies, bureaus, and departments against the citizenry and against the 45th President;
• Attempts to de facto merge the three Branches;
• The abject failure of the Biden Administration to conform its policies to  Federal Statute and to the U.S. Constitution, and the failure of Congress to take action against Biden for the betrayal of his Oath of Office;
• The lack of robust Congressional Debate;
• Keeping the public in the dark about Government policies and initiatives;
• Wasteful spending, and amassing exorbitant Government debt;
• Government misuse and deliberate lack of use of our Nation’s energy resources, together with disastrous economic policies, driving our Nation and its people to penury;
• Government appropriation of information resources for propagandizing to the public;
• The deliberate dumbing down of our public education system.

There is one other major sign of Tyranny at home, and the gravest:

• The erosion of Americans’ natural law rights.

The erosion of Americans’ God-given natural law rights is taking place contemporaneously with and, in inverse relationship to the explosive and unlawful expansiveness of Governmental power.Knowing what they are doing is wrong, and expecting pushback, the Government has sought to weaken Americans’ ability to constrain tyranny, by curbing the exercise of Americans’ fundamental rights.Speech is routinely censored and dissent quashed. And the right of the people to keep and bear arms suffers constant incursion by the Biden Administration that seeks to constrain and ultimately eliminate the exercise of it. Constant surveillance has withered the unreasonable searches and seizures clause of the Fourth Amendment, and illegal confinement and cruel and unusual punishment of  Dissenters is in defiance of and violation of Rights secured in the Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.In face of all of this, how can Americans prevent totalitarianism short of armed rebellion? Is armed rebellion to overturn tyranny even lawful? Does the Second Amendment allow for this? AQ has touched on this in previous articles and will look at this in-depth in future articles.But, apart from armed rebellion, what can one say about our electoral process? Perhaps it is sufficient for dealing effectively with the nascent tyranny of Government. But, how effective is the electoral process for dealing with full-blown tyranny?Must Americans rely on the electoral process alone to right the many Government wrongs? Perhaps, and most likely only where Americans have recognized incipient tyranny and can elect legislators and a U.S. President who have the moral bearing and the fortitude to do so. The 45th U.S. President had the qualities necessary to short-circuit the Nation’s slide toward tyranny. And the public, most of us, at any rate, had faith in the integrity of the electoral process. But the electoral process did not allow Donald Trump to serve a second term. And, why was that? The economy was booming. Trump kept us out of wars. He strengthened our Nation militarily and geopolitically. And he protected our geographical borders. And he turned around the slide of the Nation toward Global world government tyranny. In short, he made the Government work for the interests of the American people and in strict accordance with the U.S. Constitution. One would fully expect he would and should serve a second term. But he lost reelection in 2020? Or did he?If the Nation’s electoral system was fair and above board, then one must accept the results, even if the majority of voters were duped into electing Joe Biden as the 46th U.S. President. But were most of the electorate duped into voting for Joe Biden? Some were, no doubt. But, we think, most Americans were not duped and did not vote for Biden. And that makes Biden, The Great Pretender. And this also means the electoral system did not operate fairly and lawfully.For the electoral system to work, the public must have faith in it. But, for the public to have faith in the electoral system, it must be shown to operate fairly and above board. This is a bit of circular reasoning, we know. The problem is that the machinery of the electoral system as it presently operates is opaque. And that raises suspicion, and justifiably so.The Government and the legacy Press insist that the public must have faith in the electoral process. In fact, the Government and the Press are frantic that the public fervently believes our Nation’s electoral system is fair and above board. The Government, the Press, and the titans of social media brutally censor and ridicule those who say otherwise. But their hysteria over this matter doesn’t quell concern or debate; it only enhances the concern over the propriety and fairness of the electoral process and breeds more suspicion.  Should Americans justifiably place their faith in an electoral system beset with the number and kinds of problems existent with it, as witnessed by all of us who have used it and much of what we learn, with a little digging, about it? Should Americans place their faith in the integrity of an electoral process merely on the say-so of the Government and the Press? Of course not.AQ delves into this matter in the next article.____________________________________*Note to Reader: This updated essay contains additional content.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

HOW TO GUARANTEE FUTURE SCHOOL SHOOTINGS

AN ESSAY BY STEPHEN L. D'ANDRILLI, CEO AND PRESIDENT OF ARBALEST GROUP, LLC.

MULTISERIES ON THE ISSUE OF SCHOOL SAFETY

PART ONE

The Nation’s public schools exist for one purpose: to educate our children to become productive members of society. Something hinders that: school shootings.But public school shootings need not happen and should not happen. Yet, these incidents do happen. And that says something odd and disturbing about our politicians and prominent groups, like the powerful teachers’ unions, that let these incidents happen.When they happen, our nation suffers, and that suffering extends to every American: man, woman, and child. So, then, why do they happen and who is to blame?There were four major school shootings in the past three decades: Columbine in 1999, Sandy Hook in 2012, Stoneman Douglas in 2018, and, most recently, Robb Elementary in 2022. Each of these incidents is unacceptable. All were preventable. What do these shootings tell us?Too many elected officials, school boards, and teachers’ union leaders propose solutions that don’t work.They aren’t interested in listening to parents who, increasingly, have little voice in the matter of their children’s education and no voice in the matter of their children’s personal safety while in school.Their solution to school shootings proposed boils down to one thing: “Get Rid of the Guns.” A simplistic Democratic Party slogan becomes a societal policy stance, that endangers the most innocent of Americans, our children.“Get Rid of the Guns” is what the public hears. It is the universal solution provided and the solitary message conveyed.It’s a National trend. Federal, State, and affiliated Union officials all espouse it, including the powerful United Federation of Teachers (“UFT’) that represents nearly 200,000 dues-paying members.The UFT publishes a newsletter, called, “New York Teacher,” that keeps its members apprised of union policies, positions, and news.As a dues-paying retired NYC teacher, I receive copies of the newsletter.On May 25, 2022, one day after the Uvalde, Texas incident, the UFT published its “Resolution to stand against gun violence.” In form, this “Resolution” presumes a consensus reached by UFT members.The last sentence of the UFT’s “Resolution” elucidates where the UFT expends its energy —— “RESOLVED, that the union supports Governor Hochul’s measures in New York, reaffirms its longstanding support for a ban on assault weapons and high-capacity ammunition magazines, as well as other gun safety laws, and will work with the American Federation of Teachers at the national level both to overcome the obstacles to these commonsense safety measures and to organize other means of harnessing the power of our local and national organizations to confront and end this ongoing national tragedy.”One month later, on June 16, the UFT published a follow-up article titled, “Delegates decry deadly school shooting,” where it expanded on its “Resolution to end gun violence.”I was both troubled and angered by this one-sided news reporting and pontificating.Reference to “Gun Violence” in the title of the “Resolutions” establishes the theme of the UFT leaders’ sole approach to dealing with school shootings.The word ‘Gun Violence’ is a narrative tool, a Democratic Party establishment talking point, recited and reiterated constantly, and echoed by the legacy Press.The UFT’s leaders buy into this, regurgitating the same tiring refrain. This is deliberate and it isn’t benign.The use of the expression “Gun Violence” promotes a dangerous way of thinking, encouraging bad policy choices.The Nation’s decision-makers divert scarce taxpayer resources away from the implementation of effective measures to secure our public schools and direct those resources into measures that make schools less safe.The UFT leadership has become a useful pawn of the Biden Administration’s bad policy.It has learned nothing from the tragedies that have befallen other school districts around the Country so  caught up as it is in the fiction of “Gun Violence.” Dwelling on that fiction prevents consideration of and implementation of constructive solutions to school shootings.I could not sit idly by, allowing the UFT’s remarks to go unchallenged. I wrote a letter to the editor explaining my concern, suggesting concrete ways it could secure the City’s school system.The UFT published my letter on November 3, 2022, adding the title, “Where is the school security plan?”But the editor made changes to the letter I did not authorize, involving a fundamental idea made, thereby undercutting the import of the salient point I sought to convey:An effective solution to school shootings requires the “hardening” of schools against aggressive armed assault.The editor struck the word, ‘hardening’ from my letter. That was no accident. But why did the editor do this? That single word encapsulates the basic strategy for securing school buildings from armed assault.Hardening physical structures against armed assault isn’t a novel idea. Federal and State Governments have applied it to airport terminals and courthouses around the Country for many years.Security in these buildings is extraordinarily tight. Protocols are assiduously enforced. That explains why shootings in these structures are extremely rare or nonexistent.Hardening structures against aggressive armed attacks do work.Seeing this success, many school districts have adopted hardening protocols to thwart school shootings. Those that do and that see to the enforcement of those protocols, do not experience the tragedies that afflict districts that don’t use them.Why aren’t these protocols universally applied given their obvious effectiveness?How can any rational mind fail to apply them? They should, but don’t. The UFT doesn’t and isn’t about to. Why is that?Both I and my business partner Roger J. Katz, an attorney, and a former public school teacher himself, have written extensively about this, posting our articles on our website, the Arbalest Quarrel.And, Ammoland Shooting Sports News, the web’s leading Shooting Sports News Service for the Second Amendment, Firearms, Shooting, and Hunting and Conservation communities republished five AQ articles: January 25, 2016; June 15, 2016; February 26, 2018; March 17, 2018; and May 26, 2022.By “hardening” our school buildings we protect the life and safety of our children, teachers, and staff.This isn’t difficult. A lot of the work has already been done on this. There is no guesswork for any of it.It takes only the desire to do it and the fortitude to follow through on it.I propose seven measures as basic to securing schools and safeguarding students, teachers, and staff within them, therefore “hardening” them. These include establishing:(1)  A Designated Entrance and Exit,(2)  A Vestibule and Video Surveillance,(3)  Positioning of Metal Detectors at Entry Points,(4)   Photo ID,(5)  Security Desk and Visitor Escorts,(6)  Trained and Armed Personnel (including Plainclothes, and/or Uniformed Personnel), and(7)  Periodic Testing and Strict Adherence to all Policies and Protocols.Implementation of this 7-Point Strategy in New York’s schools would deter an armed assailant from insinuating himself into a school building.The use of trained and armed resource officers is imperative.The UFT isn’t interested in hardening the City’s schools. And it is particularly resistant to employing trained and armed resource officers in the schools.This stubborn stance is an ominous sign of bad things to come. This lax attitude invites school shooting incidents. It may be only a matter of time before a New York City school suffers this horror.I hope it never happens but, given the sheer size of the NYC school district and given the amount of criminal violence afflicting New York City, coupled with a casual attitude toward crime, demonstrated by New York Governor, Kathy Hochul, and New York City Mayor, Eric Adams, I am fearful that it is just a matter of time before a tragedy, at the hands of an armed lunatic, visits a City school. The Biden Administration bears singular responsibility for enabling this violence.In a May 2022 Press Briefing, reported in the New York Post, prompted soon after the school shooting in Uvalde, Texas, Biden’s Press Secretary pointedly said:“ ‘I know there’s been conversation about hardening schools, that is not something he [Joe Biden] believes in,’ Jean-Pierre told reporters at a White House press conference. ‘He believes that we should be able to give teachers the resources to be able to do their job.’” This wasn’t a mistake by the Press Secretary. The next month, on June 2, 2022, as reported in Breitbart, Joe Biden, himself, confirmed he doesn’t support hardening school buildings.“President Joe Biden delivered a 20-minute prime-time address about gun violence on Thursday in which he mentioned a litany of gun control policies without mentioning the need for hardening school security . . .” [and] nowhere throughout his speech did he mention the need to place armed security guards on school campuses or bettering school security overall.”Since the Biden Administration is adamantly opposed to the use of armed security officers in public schools and explicitly discourages the application of any steps to harden school buildings to protect children, this serves to dissuade the UFT leadership from pursuing “hardening” as a solution for New York City schools. And, many other school systems across the Country follow the Biden Administration's policy. Why do you suppose that is?A person might be tempted to conclude the Biden Administration WANTS school shootings to occur. But that can’t be true, can it? No one, in their right mind, would dare use, or even think of using, children as sacrificial lambs simply to gain public sympathy and support for a radical agenda positing the disarming of Americans, would they?After all, to be adamantly opposed to the application of measures that do work to protect children is both irrational and seemingly inexplicable. And no Government agenda can justify sacrificing the life, safety, and well-being of the children to carry out an agenda. Yet, isn't that what we are seeing? Isn't this in fact occurring: a cold, calculated, plan that to be accomplished requires an extraordinary sacrifice: our Nation's children?Nah! Ridiculous!Ridiculous, Indeed! But, hasn't the advent of the brain-addled Biden and his psychopathic Administration demonstrated a proclivity for instituting policy prescriptions illustrating an absolute lack of concern for the life and well-being of Americans? Reflect on the hasty, ill-conceived, and horribly executed withdrawal from Afghanistan that resulted in the needless deaths of thirteen American soldiers. Ponder the infusion into our Land of over five million illegal aliens, none of whom were carefully vetted, and many of whom pose a direct threat to the security of our Nation and its citizenry, and all of whom constitute a substantial monetary burden on the taxpayer, as these "migrants" require housing, food, medical care, and education for their offspring. And consider the dire threat of Global Thermonuclear War posed by the Biden Administration's cavalier attitude toward Russia that his Ukrainian/Russian policy has placed us in.

ALLOWING CRIMINALS AND LUNATICS TO KILL CHILDREN TO DEMONSTRATE A NEED TO GET RID OF GUNS IN CIVILIAN HANDS TO STOP VIOLENCE DOESN'T DEMONSTRATE A CONCERN ABOUT VIOLENCE. NO! IT DEMONSTRATES INSTEAD BLATANT DISREGARD FOR THE LIFE AND WELL-BEING OF AMERICANS, TO ACCOMPLISH AN END: ONE THAT HAS NOTHING WHATSOEVER TO DO WITH ENHANCING THE SAFETY AND WELL-BEING OF AMERICANS. THE GOAL IS THE SUBJUGATION OF THE COMMONALTY: ABSOLUTE GOVERNMENT CONTROL OVER ALL THOUGHT AND ACTIONS—IN OTHER WORDS—THE INSTITUTIONALIZATION OF TYRANNY.

A fixation on the notion of guns as the root cause of criminal violence not only diverts precious monetary and manpower resources away from the implementation of effective solutions to school shootings, such fixation goes further. It prevents the very consideration of viable solutions to the specific problem of school shootings. This is unconscionable, but that is precisely the intention of a rogue Federal Government.The expression, ‘Gun Violence,’ like those of ‘Gun Culture’ and ‘Assault Weapon,’ are intentionally designed to focus the public's attention on things the Biden Administration wants the public to focus its attention on. But these expressions are fabrications. These expressions refer to nothing concrete. Yet, the public is led, nonetheless, to believe, erroneously, they denote, real, and negative, things.These fabrications do serve a purpose.Propagandists utilize these expressions to compel a specific response in the target audience: the American public. And the response sought is one of anger and rage toward guns and those who wish to exercise their natural law right to keep and bear them. So the public relinquishes their firearms to Government overseers and then what? Is the public any safer? Of course not. In fact, the public is considerably less safe. The public couldn't be in a worse position: facing danger from predatory criminals and lunatics, which is bad enough, and, worse, facing imminent, danger from a predatory Government.Words, thus, do carry weight. They are often emotionally laden.Propagandists know this. They employ verbiage that sways public opinion in the direction they want, and they refrain from utilizing verbiage that sways public opinion in a direction they don’t want.The public, whipped into a frenzied mob, operates through rabid emotional instinct; their higher faculties of refined, calm, deliberative thought and reflection are anesthetized.With the public intellect effectively hijacked, the propaganda mill persuades the public that “Gun Violence,” a “Gun Culture,” and a Nation “awash” in “Assault Weapons” are the cause of criminal violence. They aren’t. They aren’t even the effect of criminal violence.What are they, then?They are rhetorical flourishes, red herrings, manufactured by propagandists to draw attention away from the true causes of “violent crime”—the criminals and lunatics who commit it, together with the perversity of Biden Administration officials and many State and local Government officials who refuse to deal with the fact of it.Through time, these “red herrings” evolve into viral memes. They get inserted into the public psyche, where they become lodged and difficult to remove.The public obligingly conforms its belief system to Government policy promulgated by Biden officials. And, through ongoing, vociferous broadcasts by the legacy Press, radio, broadcast and cable news, and social media, the public grows amenable to that policy, begins to support it, and eventually becomes enthusiastic about it, even though it is contrary to the public’s interests and needs, and does not address the problems claimed: schools infiltrated by armed lunatics and growing violence in society as a whole.“Getting rid of guns” means, literally, confiscating guns presently in the hands of tens of millions of average, law-abiding, responsible, rational citizenry.  “Getting rid of guns” is presented as a panacea to armed killers stalking schools, and to violent crime generally—or so the public is told. The policy, “Getting rid of guns,” becomes the “Battle Cry” of the Biden Faithful.The Biden Administration, Congressional Democrats, and State and local governments, along with their friendly travelers in the legacy Press, cable and broadcast news networks, and social media, constantly and consistently utilize verbiage like ‘Guns,’ ‘Gun Violence,’ and ‘Assault Weapons’ to support their narrative to accomplish their objectives, and they assiduously avoid the use of other verbiage that undercuts their running narrative.Expressions like ‘hardening,’ ‘school security, ‘armed resource officers’ and ‘armed self-defense’ are a few of the main ones the propagandists avoid.Such latter expressions reinforce the need for effective security in schools and in the greater society; the former does not. To make the illusion work, the use of expressions like ‘hardening,’ ‘school security, ‘armed resource officers,’ and ‘armed self-defense’ must be scrupulously avoided in Government sponsored messaging. The public too is discouraged from using those expressions in public discourse.What is advantageous to schools and to society as a whole is an anathema to the present Administration and antithetical to the Administration's policy pertaining to firearms and the Second Amendment.A profound quelling of dissent is fostered, unlike anything seen before in America. A fog settles over the public psyche. This is as intended. The First Amendment freedom of speech is severely constrained.Many organizations obey the guidelines for discourse set by the Biden Administration and establish policies of their own consistent with those of the Biden regime, even though Biden's policy directives are contrary to the welfare of the Nation and destructive of the fundamental, unalienable rights of the people protected by the U.S. Constitution.The UFT is in league with Biden Administration policy, and actively and avidly assists the Administration in complying with the Administration's duplicitous schemes. And it wields considerable influence over its members.Many teachers who should be attuned to the dangers of manipulation of public thought become ensnared by it. Worse, what impacts them also affects their charges.This sad result is emblematic of New York City public school education.And, so, the Public school buildings remain unsecured. And, yet, New York Governor Hochul and the UFT would likely disagree with this observation.On June 23, 2022, following the Uvalde, Texas shooting incident, Hochul signed a school security bill, named in honor of a student who was a victim of the Marjorie Stoneman Douglass High School shooting tragedy. An announcement on the Governor's website proclaimed——“Governor Kathy Hochul today signed Alyssa's Law (S.7132B/A.10018), requiring schools to consider the use of silent panic alarm systems when conducting review and development of their school safety plans. . . . ‘I am proud of the work we have done to pass a nation-leading bill package to crack down on the scourge of gun violence, but this is an ongoing fight and we cannot stop there,’ Governor Hochul said. ‘We will continue to take aggressive action until every child in New York is safe to pursue an education without the fear of senseless tragedy. That's why I am proud to put pen to paper on Alyssa's Law, a real and meaningful piece of legislation that will require school districts to evaluate systems that can save precious minutes—and lives—in the event of an active shooter situation.’This bill requires that schools consider their usefulness when developing their district-level school safety plans and expressly authorize their inclusion within building level safety plans. The panic alarm systems themselves can cost just a few thousand dollars to purchase, and can be implemented in the classroom as a smartphone app.”Notably absent from the hoopla surrounding the signing of this law is any mention of the use of armed resource officers to take down an “active shooter” while students, teachers, and staff anxiously await the arrival of police. How much damage can this “active shooter” do and how much harm can he inflict on children during those seconds and minutes before the police arrive? Significant damage; horrific harm!That absence of armed resource officers leaves children vulnerable to and helpless in the face of physical violence, in the precious seconds and minutes they must await the arrival of the NYPD Special Operations Bureau officers. But is it better a child should die, sacrificed for the greater good of society that enshrines the precept that “Guns are Bad” and develops school security policy around that idea?And children themselves—those that survive armed assault—are indoctrinated in the precept that “Guns are Bad.”Consistent with the intent behind that precept is the idea that those who commit violence are simply mentally ill, not inherently evil; ergo they aren't responsible for their acts. Hence, the moral imperative: blame the object, “the Gun,” for the act of “Gun Violence”, and refrain from blaming the agent, the “active shooter,” who happened to use the Gun to commit an unspeakable horror on an innocent child. No less is a child's innocent mind endangered—and by implicit Federal Government commands that many State and local governmental authorities and teacher's unions obey. A child's innocent mind is left open—accessible to, receptive to, and, inevitably, held captive to a slew of corrupting influences. These corrupting influences produce in the child, a phobia towards firearms and a disinterest in or abject hatred toward the Nation's natural law rights, including the fundamental right of the people to keep and bear arms in defense of Self and family, and against the armed predator, and to preserve the security of a free state against the predatory Government. The schools indoctrinate the child at an early age to focus his attention on the object, i.e., the Gun, and not on the sentient agent who misused a gun to harm another. The child is subconsciously infused with the ethical precepts of consequential utilitarianism, eschewing the moral culpability of the sentient agent, and looking at the concepts of good and evil in terms solely of utility: Do the consequences of an act maximize utility for society or reduce utility? As guns are deemed deleterious to the well-ordered society, any act involving them is deemed inherently bad by definition and altogether destructive to the well-being of the well-ordered society. As perceived by the predatory Government, the mere presence of guns in society reduces utility. Therefore the predatory Government must rid society of guns; all guns that are in the hands of the civilian citizenry. The Biden Administration is attempting to do just that, in incremental steps. The attack on so-called “assault weapons,” a.k.a. “weapons of war” is a major step in that direction. “Assault weapon,” refers to any semiautomatic handgun, rifle, or shotgun.  The Biden Administration intends to rid the Country of all of them—this—the most prevalent category of firearms in the Country. Tens of millions of American citizens keep and bear semiautomatic firearms. No matter. The Biden Administration intends to collect all of them. And the citizen should expect as much from a predatory Government.The predatory Government views a well-ordered society in terms of its own well-being, and not in terms of the well-being of the citizen. An armed citizen represents an inherent threat to the predatory Government. Therefore the citizen must be disarmed—this—ostensibly for the benefit of the well-ordered society qua the well-being of the predatory Government.Perpetuating the fiction of “Gun Violence” serves as an effective vehicle to de facto nullify the right codified in the Second Amendment, and eventually dismantle the free Constitutional Republic. A true republic cannot long stand in a land devoid of its armed citizenry. The Biden Administration intends to make it so.Americans bear witness to the inexorable dissolution of their Republic toward authoritarianism, and eventually totalitarianism, and the subordination of the American people to the State. The armed citizen is equated with Gun Violence.” No allowance is made for the law-abiding gun owner. The law-abiding armed citizen and the law-breaking psychopathic criminal and the rampaging lunatic are all subsumed in the same category: illicit gun-toting destructive elements, albeit the criminal and lunatic, serve the predatory Government's purpose to dismantle a free Republic. Criminals and lunatics are therefore allowed to run amok as they accelerate the destabilization of society, allowing authoritarianism to settle in. The predatory Government perceives the law-abiding gun owner as the graver threat, in fact, the gravest  “security” threat to that Government.Apropos of schools, the ill effects of the application of “Gun Violence” policy objectives become too blatant to ignore. Any attempt “to harden” school buildings against armed aggression is met with firm resistance. This is plain from the UFT “Resolution to end gun violence,” as posted in the UFT newsletter, and in the mangling of my letter to the editor in response to the “Resolution to end gun violence,” and to the UFT follow-up article, “Delegates decry deadly school shooting.” The editor deleted my reference to the “hardening” of schools to protect children against armed invasion, while in school. This import of doing this is important. The UFT would does not support the hardening of schools against violent armed assault. This endangers a child's safety. The UFT and the Hochul Government feel this is an acceptable risk, as it is consistent with the philosophy embodied in establishing a “Gun Free” environment. This means the UFT and the Hochul Government forbid schools from utilizing armed resource officers as a security measure to protect children. Thus, a necessary component of school security hardening to thwart infiltration of New York City schools by an armed intruder is unavailable. Why would the UFT and the Hochul Government take this stance?The reason is this——The implementation of school security “hardening” proposals, while of benefit to the child, would be harmful to the Biden Administration's goal of nullifying the natural law right of armed self-defense, as codified in the Second Amendment. The Hochul Government and the UFT will not implement school security strategies that are inconsistent with Biden's anti “Gun Violence” policy directives directed to the eventual de facto nullification of the Second Amendment.Thus, a child's life is effectively subordinate to the dictates of Biden's tacit policy directive. That directive has infected the policies of many school districts, the effects of which are painfully visible.How do the UFT and the Hochul Government respond to this——Through a feat of legerdemain, the Biden Administration, Governor Hochul, and the UFT deflect criticism of deficiencies in school defenses against armed invasion by focusing the public's attention maximally on guns and on those law-abiding citizens who keep and bear them and focusing minimally on the “active shooter.” School shootings serve as a useful pretext to advance the Biden Administration's goal of reducing the impact of the right guaranteed in the Second Amendment to a nullity.This failure to effectively harden schools against armed assault is replicated in school districts around the Country. This is sad and profoundly disturbingBut, the ripple effect extends beyond issues pertaining to school security measures.The vehement incessant attack on guns and on the natural law right of armed self-defense compromises: one, the safety, security, and well-being of one's physical self; two, the sanctity and inviolability of one's Spirit and Soul; three, the preservation of the U.S. Constitution along with preservation of a free Constitutional Republic; and four, the sovereignty of the American people over Government. All of this is in danger of rupture—and more so today than ever before in our Nation's history.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

WHY DO PEOPLE LIKE NEW YORK’S GOVERNOR KATHY HOCHUL REFUSE TO ACCEPT THE FUNDAMENTAL, UNALIENABLE RIGHT TO ARMED SELF-DEFENSE?

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 EIGHTEEN

THE NEW YORK HOCHUL ADMINISTRATION'S PROBLEMS ARE OF ITS OWN MAKING. IT WOULD RATHER SPEND ITS ENERGIES AND TAX-PAYER MONIES  FIGHTING LAW-ABIDING CITIZENS, RATHER THAN FIGHTING CRIME. NEW YORKERS CAN EXPECT MUCH MORE OF THIS IN THE FUTURE, FOUR YEARS OF IT.

On June 23, 2022, the U.S. Supreme Court came out with its third seminal case law rulings, following Heller in 2008 and McDonald in 2010. The three cases, taken together, hold the right of armed self-defense is a natural law right embodied in the Second Amendment.These three cases don’t sit well with State and local jurisdictions that abhor both guns and the notion of the right of civilian citizens to keep and bear them. And they have weaseled around the Heller and McDonald cases for over a decade—well before Bruen.Bruen arose as a direct challenge to one of the most restrictive Gun Law regimes in the Nation: codified in N.Y. Penal Law § 400.00 et. seq. The foundation of New York’s Gun Law is its draconian licensing requirement. All handgun licensing interposes the Government between the natural law right of the people to keep and bear arms and the Government that intrudes upon the exercise of that right.New York’s handgun licensing scheme is among the most intrusive in the Country.Prior to Bruen, a person who sought to carry a handgun had to demonstrate “proper cause” to do so. But the State Government held armed self-defense against a visible threat in public as de facto insufficient “proper cause” justification for issuance of a license to carry.The U.S. Supreme Court disagreed.In Bruen, the U.S. Supreme Court ruled the right of armed self-defense applies equally outside the home and in it. This ruling isn’t a Court based legal fiction, as Anti-Second Amendment proponents maintain. The right of armed self-defense is embodied in the Second Amendment.The Court in Bruen, and in Heller before it, simply illuminated and elucidated upon what the language of the Second Amendment asserts. It did not make new law.The Court thereupon struck down New York’s “may issue” “proper cause” requirement for those people applying for a concealed handgun carry license. Armed self-defense is de jure sufficient reason to carry, and it is presumptive in any application for a license. Therefore the applicant need not be required to expressly assert it.To be sure, New York Federal and State Courts never directly attacked the inherent right of the people to keep and bear arms because that was irrefutable natural law, cemented in the U.S. Constitution. And, if the Courts harbored the belief that the right, though fundamental, applied only to one’s service in a militia, the Heller case settled the matter, cadit quaestio.Even so, New York Courts routinely affirmed licensing officials’ denial of handgun carry licenses. The Courts reasoned that, even if a person has a fundamental, unalienable right to keep and bear arms, the person must have a valid handgun license to exercise the right, and acquiring one is a privilege, not a right, a privilege bestowed upon one by the grace of the State, and a privilege easily revoked. And, because the license serves as a condition precedent to exercising the right, the New York Government effectively created a proverbial “Catch 22.”Thus, Anti-Second Amendment jurisdictions could continue to offend the Second Amendment guarantee while pretending to pay homage to it.New York’s handgun licensing scheme interferes with the exercise of a natural law right on an elementary level. There’s no doubt about that. That fact is clear, categorical, unequivocal, and irrefutable.The Court simply tinkered gingerly around the edges.But, by failing to strike down the New York handgun licensing, as unconstitutional, it remains rigid, unscathed.Justices Thomas and Alito knew that the Bruen rulings were faulty, that the rulings did not go far enough, and they could not have been happy about that.They would have struck down the entirety of the licensing structure if given a free hand, but Chief Justice Roberts, and possibly Justice Kavanaugh, too, likely prevented them from doing so if they were to obtain their votes.In Heller, the late eminent Justice Antonin Scalia, along with Justices Thomas and Alito, had to make concessions to Roberts and to Associate Justice Kennedy to get their votes.Now, in Bruen, Justices Thomas and Alito had to make concessions once again. That meant they must leave Government licensing of handguns alone.And that was all that New York Governor Hochul and the Democrat Party-controlled Legislature in Albany needed to know. It gave them the edge they needed to slither around the Bruen rulings.The Anti-Second Amendment New York Government machine did strike the words, “Proper Cause,” from State Statute, but that meant nothing. They simply inserted “Proper Cause” into the “Good Moral Character” requirement of the State’s Gun Law. And the High Court in Bruen never struck down that latter requirement from the Gun Law.The “Good Moral Character” Requirement had hitherto existed as an unnecessary appendage to New York Gun Law, affixed to a licensing official’s denial of an application for any kind of handgun license.A licensing officer might for example refer to a person’s past arrest record in denying issuance. In the denial letter, the licensing officer would point to the arrest record as the basis for refusal, adding the redundant phrase that such past arrest record shows the applicant lacks Good Moral Character to possess a handgun.In the package of amendments, referred to as the “Concealed Carry Improvement Act” or “CCIA,” the Hochul Administration’s “Good Moral Character” Requirement serves now as the salient basis for denying one a handgun license of any kind: restricted premise or unrestricted carry license.The applicant for a New York handgun license must now produce a volume of information, demonstrating his internal thought processes, especially his political and social ones.Given the depth and breadth of the Amendments to the Gun Law, the Hochul Government likely had the amendments prepared well in advance of the U.S. Supreme Court rulings—their passage in the Senate and Hochul’s signing them into law operating as a mere formality, taking place scarcely a week after the Court came down with its decision.The challenges to those amendments came just as hurriedly.The U.S. District Court for the Northern District of New York dismissed the original suit filed against enforcement of the CCIA, without prejudice. But the Court had dismissed the case for administrative, not substantive failings, in the lawsuit. The Court made clear its concern with the law, tacitly encouraging the Plaintiff, Ivan Antonyuk, holder of a valid New York handgun carry license, to refile his complaint.Hochul, as the scurrilous politician she is, took the dismissal as a win and said in a statement on her website that the Court agreed with the constitutionality of the CCIA. It did not.The original Plaintiff, Antonyuk, along with several other holders of New York handgun carry licenses filed a new lawsuit.This time, they named Governor Hochul as a Party Defendant, along with several other New York officials, including the Attorney General of the State.And this time the same U.S. District Court that heard and dismissed the original suit, granted the Plaintiffs a Temporary Restraining Order (TRO).Hochul was furious and her Attorney General immediately filed an emergency appeal of the District Court’s order, to the U.S. Court of Appeals for the Second Circuit. Not unexpectedly, the Second Circuit did not act on the Appeal, probably because the Midterm Elections were around the corner, and the Court may have wished to wait to see whether Hochul was elected Governor although that should not factor into their decision.The Midterms are now over, and, whether Hochul won the election by hook or crook, she is York’s Governor, and the residents of the State must suffer her for at least four years. And that means, among other things, that she will fervently defend New York’s amendments to its Gun Law. And she has plenty of time to do so. And that raises the question:What will the Second Circuit do? Will it overturn the TRO or allow it to continue? If the TRO were the only matter before the Court, the Second Circuit would remand the case to the District Court that had issued it.The Second Circuit could issue its order keeping the stay in place while the District Court decides the substantive issues. That would benefit the Plaintiffs. Time would be on their side because Hochul could not lawfully enforce the CCIA during discovery and trial, however long that takes. Or the Second Circuit could lift the stay. That would benefit Hochul, as she would be free to enforce the CCIA while the District Court hears the Constitutional challenges to it. That would benefit Hochul and her Administration. They would likely prolong a final resolution of the case as the District Court had made known its antipathy toward the CCIA in lengthy Court opinions.But, as Hochul’s appeal of the TRO order remains still to be acted on by the Second Circuit, the District Court that ordered a TRO against Hochul’s enforcement of the CCIA had recently ruled on Plaintiffs Motion for a Preliminary Injunction, filed on September 2022. The case is Antonyuk vs. Hochul, (Antonyuk II), 2022 U.S. Dist. LEXIS 201944 (N.D.N.Y. November 7, 2022)Contributing Ammoland writer John Crump wrote about this in his article posted on Ammoland, on November 7, 2022.The District Court’s impetus for this new ruling on a Preliminary Injunction though might render the TRO moot.Why did the District Court rule on the Preliminary Injunction before the Second Circuit ruled on the TRO?This might be due to the actions of Hochul’s Government, itself.In a caustic, strident, YouTube video, a new Acting Superintendent of State Police, Steven Nigrelli, replacing Kevin Bruen, threatened New York gun owners. The District Court wasn’t amused. In its comprehensive detailed opinion, the Court commented on Nigrelli’s outburst, saying this:“. . . unlike Superintendent Kevin Bruen in Antonyuk I, here Defendant Nigrelli has been shown to have threatened a ‘zero tolerance’ enforcement of the CCIA. On August 31, 2022, Defendant Nigrelli stated as follows in a YouTube video:‘We ensured that the lawful, responsible gun owners have the tools now to remain compliant with the law. 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.’Of course, here, Defendant Nigrelli did not limit his YouTube message to Plaintiffs. . . . However, five of the six Plaintiffs were members of the specific group of citizens (concealed-carry license holders) in New York State that was orally and visibly threatened by Defendant Nigrelli on August 31, 2022. The fact that the oral and visible threat occurred by video rather than in person fails to serve as a material distinction here, in the Court's view. For example, the fact that Nigrelli did not personally know yet of Defendant Mann's existence (as he does now) appears of little consequence, given that Defendant Nigrelli's 3,500 State Troopers were ‘standing ready’ to investigate and discover the violators. Indeed, the fact that the threat occurred by video actually increases the potency of it, due to its ability to be replayed. And Plaintiff Mann heard the message. It is difficult to see how one could fairly say that Defendant Nigrelli did not expressly direct his threat, in part, at Plaintiff Mann. In this way, Defendant Nigrelli's statement on August 31, 2022, was more than (as the State Defendants argue) a ‘generalized statement[] made . . . in the press.’ Rather, his statement specifically referenced arrest and was made in a YouTube video aimed specifically at license holders such as Plaintiff Mann who were considering violating Sections 4 or 5 of the CCIA.  As a result, the Court finds that Defendant Nigrelli has been charged with, and/or has assumed, the specific duty to enforce the CCIA.Finally, the Court finds that these threats of arrest and prosecution, or even mere citation and/or seizure of his handgun, are enough to show that Plaintiff Mann faces a credible threat of enforcement of Section 4 of the CCIA, which is fairly traceable to Defendants Hilton, Oakes and Nigrelli [Court documents and Case Citations omitted].”The Court opined that the Government’s message is demonstrative of the Plaintiffs’ concern they would be arrested for carrying a handgun in public—this notwithstanding the fact the Plaintiffs currently hold valid New York handgun carry licenses.The CCIA severely restricts where holders of New York handgun licenses can carry licenses.The Court’s granting of the Plaintiffs’ Preliminary Injunction in substantial part, introduces a new wrinkle in what has grown into a complicated legal matter, and all due to Kathy Hochul’s stubborn refusal to comply with U.S. Supreme Court rulings, along with her contemptuous attitude toward law-abiding American citizens who simply wish to exercise their fundamental, natural law right of armed self-defense.Hochul’s team will file a response to the District Court’s November 7, 2022, Preliminary Injunction ruling. No doubt the AG’s Office is working on it at this moment, and it will submit it to the Second Circuit in a few days.Hochul may ask the Second Circuit to suspend a ruling on the TRO in view of the District Court’s new ruling on the Plaintiffs’ preliminary injunction.The Second Circuit may itself, on its own motion, sua sponte, suspend a ruling on the TRO or, render the TRO matter given the District Court’s ruling on the Preliminary Injunction.The District Court ruling may have the effect of a final order on the merits. If so, this means the Second Circuit itself might render a final decision on at least a portion of the substantive merits of the issues on the constitutionality of the CCIA.If the Second Circuit affirms the Preliminary Injunction and, further, treats it like a Permanent Injunction that will render those portions of the CCIA affected by the Injunction permanently unenforceable.At that point, the administration's options will be limited. Hochul’s Government could appeal the decision to the U.S. Supreme Court, but she likely wouldn’t do that. Of course, the High Court need not hear the case. The problem is that it probably would, and that would be dangerous for both New York and all Anti-Second Amendment jurisdictions.The Court could grant review and use the opportunity to strike down the entirety of the New York handgun licensing structure. The Court would likely be in the frame of mind to do so, given Hochul’s contemptuous attitude toward the Court.The Hochul Administration could also ask for an en banc Second Circuit Court hearing. That means the entire Second Circuit would be empaneled to hear the case. Hochul would prefer that option, as the safest strategy. But the Second Circuit need not grant her a hearing of the full Bench. As with the U.S. Supreme Court, an appellant cannot demand a hearing of the full Bench, as a matter of right.There are more wrinkles in this Post-Bruen morass than on a Shar Pei.We’ll just have to wait and see how this all plays out.The natural law right of armed self-defense is coming to an ultimate showdown. At present that showdown is being fought in the Courts. Hopefully, it will not have to be fought in the streets. It need not come to that. Let us all hope it doesn’t.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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 20^th 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 20^th 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.

AT WHAT POINT DO NEW YORK VOTERS SAY “NO” TO CRIME AND CORRUPT GOVERNMENT?

NEW YORK GOVERNOR KATHY HOCHUL IS A GHOUL!

[UPDATED WITH CORRECTIONS REPORTED BY AQ READERS WHO NOTED INCORRECT DATES PERTAINING TO NEW YORK GOVERNOR ANDREW CUOMO'S RESIGNATION, AND THE DATE UPON WHICH HIS REPLACEMENT, LIEUTENANT GOVERNOR KATHY HOCHUL, BECAME GOVERNOR, SERVING NOW FOR 14 MONTHS. SHE IS NOW UP FOR ELECTION, FOR THE FIRST TIME, ON NOVEMBER 8, 2022, RUNNING AGAINST LEE ZELDIN, WHOSE ELECTION AS GOVERNOR WOULD MARK THE FIRST TIME NEW YORK WOULD SEE A REPUBLICAN ELECTED GOVERNOR OF NEW YORK IN 20 YEARS. [SEE CHANGES TO THIS ARTICLE IN "GRAY" INK INFRA]The adage “People get the leaders and government they deserve” has increasing relevance today, in America.Cities, States, and the Nation are imploding. This is no accident. It is by design.Consider New York and its largest city.The five Boroughs of New York City are a cesspool of violence. Crime is rampant. It is out of control. And it is affecting the entire State. No one is safe.This is no illusion. It is very real. Politicians and newspapers that deny this are not merely lying to the public, they are insulting the public’s intelligence.This situation is unacceptable, and it need not be. But it happens to be because most of the electorate votes the worst people into Office.Take Kathy Hochul, the present Governor of New York. Hochul, the Lieutenant Governor took over the Governorship after Andrew Cuomo resigned from Office in disgrace. But Hochul is no better than Cuomo. Both embody two of the worst traits of a human being: Arrogance and Piousness.It is bad enough to see these character traits in any person. But society itself is endangered when such people hold public office. For then, these character flaws have free reign. The result is corruption on a vast scale.The impact of corruption is felt on many levels.Corruption in Government is felt on a societal level, as institutions fall apart and, concomitantly, society falls into decay.Corruption in Government is felt on an economic level as businesses, unable to operate in a lawless environment, are forced to leave. Tax revenues then dry up. With Government services attenuated, cities and states fall into a death spiral.And corruption in Government is felt on a basic and raw, physical level, as criminals and lunatics prey at will on millions of innocent men, women, and children. No place is safe: public areas, stores, and shops, schools, houses of worship, even one’s home is susceptible to violence from roving predators.People grow anxious, fearful, and afraid to venture out, day or night. The consequences for victims of violent crime are life-altering.And what do we get from our government leaders: much talk, but no effective action.Kathy Hochul, Lieutenant Governor under Andrew Cuomo was sworn in as New York's Governor on August 24, 2021. Did anyone ever hear of her? Cuomo kept his understudy in mothballs for years. He intended to remain Governor in perpetuity, as New York law allowed, running for re-election every four years for another term. There are no term limits. But the Democrat Neoliberal Globalist powerbrokers had other plans. For whatever reason, likely not the ones that were fed to the public, they wanted him out. The news organs went to work, making much of the sex scandals, that the powerbrokers and the Press had certainly known about for years, but had ignored. In a flood of stories, the Press reported on the sex scandals, and, to a lesser extent, the Press reported on the COVID-19 nursing home deaths that were clearly more important and altogether reprehensible. But as for that latter story, the Press had hitherto, and peculiarly, underreported it, had even been dismissive of it, even though the New York public had always known about it and was justifiably angered by it, as were Americans around the Nation.But now the floodgates were opened. The Press went to work. The powers that be, whom the Democrat Party and the Press serve had tired of Cuomo. Having realized the game was up, and that it would be futile to fight the powers that be, Cuomo reluctantly announced his resignation, on August 10, 2021, to be effective 14 days later, on August 24, 2021. On that same date, August 24, 2021, Kathy Hochul, who Cuomo had kept in mothballs since 2015 when she sat as Lieutenant Governor, took the Oath of Office, See, e.g., articles in Spectrum News NY1 and the article in the AP. Now, Kathy Hochul faces the New York electorate for the first time. The midterm elections take place on November 8, 2022. She is running against Republican, Lee Zeldin, who gave up his U.S. Congressional seat to run for Governor of New York. The race is tight and the liberal media is nervous, frantic, really. See the article in the periodical, Time. Magazine. Democrats have become incautious and arrogant. They thought it would be impossible for a Republican to be elected Governor. The last Republican elected New York Governor was George Pataki, and that was 20 years ago. Pataki had narrowly defeated Andrew Cuomo's father, Mario. That surprised, shocked Democrats. See a 1994 article in the Washington Post. See also the article in The Hill. Will there be another upset in November 2022? One can pray it to be so. If enough voters in New York City have had enough of crime, corruption, and misspent taxpayer monies, they will give Hochul the boot.Fourteen months in Office has given the New York electorate more than an inkling of what to expect from Hochul if she gains the Governorship.Does the public want this person? Since a New York Governor’s term in Office is four years, the scale of the damage she would do to New York, economically and societally, would be enormous, irreparable. Scarcely over one year in Office, Hochul’s Administration is already embroiled in scandal.Last month, September 23, 2022, the New York Post cast light on Hochul’s corruption in a story titled,“‘They did what they did’: Hochul sees $637M ‘pay-to-play’ as no big deal.”  the Post points out:“Gov. Kathy Hochul tried to avoid blame Friday for a spiraling ‘pay-to-play’ scandal in which one of her top political donors scored no-bid contracts that overcharged taxpayers for $637 million in COVID-19 test kits.And she also brushed off the notion anyone in her administration should pay the price for it, telling The Post dismissively, ‘They did what they did.’Asked about the recently revealed deal with Digital Gadgets of New Jersey, whose owner, Charlie Tebeble, and his relatives have contributed about $330,000 to her campaign, Hochul at first repeated her team’s talking points on the simmering scandal.‘My directive to my team was: ‘The only way we’re going to get kids back in schools is to amass as many test kits from wherever you need to get them – just go do it,’ the governor said, when asked to answer for it by The Post at an unrelated event in Lake George.‘That was my only involvement.’New York might have saved as much as $286 million on the tests had the Hochul administration gotten a better price from the company, which the Times Union recently reported charged the state twice as much as other vendors selling the same test.”Hochul is corrupt to the core of her being. And she has made her corruption known both to the public and to those of like kind who are well-heeled. She is duplicitous, unapologetic, and slippery as an eel.The New York Post revelation isn’t a one-off. Hochul is power-hungry and without scruples and the big donors know this. They want her in Office, and they have filled her coffers before she even took the Oath of Office. They lavish favors on Hochul and they expect lavish favors in return. As reported by City and State, New York,“New York has never seen a campaign finance filing quite like Gov. Kathy Hochul’s. She started fundraising in August, days after former Gov. Andrew Cuomo announced he would resign, and she never stopped, bringing in more than $21.6 million in a five month period. Hochul’s campaign touted the haul as ‘the largest contribution total for any single filing period in New York history’ in a press release Tuesday that noted she nearly doubled the $12.8 million raised in 2002 by then-Gov. George Pataki. The windfall further solidifies her position as the front-runner in the 2022 Democratic primary for governor, with her biggest competitors, New York City Public Advocate Jumaane Williams and Long Island Rep. Tom Suozzi, raising $221,996 and $3.4 million respectively according to the public filings.”And Crain's New York writes,​“Governor Kathy Hochul relied almost exclusively on wealthy donors in the latest campaign fundraising period, which ended in mid-July. The governor received a little more than $2 million, with 46% of her individual contributions exceeding $25,000, according to state campaign finance records.” Does anyone think these big donors give a damn about rampant crime in New York if it doesn’t affect them? Does anyone think they give a damn about anything but their own selfish wants and desires?But more to the point, does Hochul care about the well-being of the State and its cities and of the needs and well-being of the people? The answer is a resounding, “no.”  The New York Post explains:“When it comes to safer mass transit, we’ll take what we can get (as will Mayor Eric Adams). But it’s impossible to see Gov. Kathy Hochul’s offer of some taxpayer cash to support more subway-cop patrols as anything but a panicked gesture.And panic in the face not of the rising violence underground, but of Lee Zeldin’s surging poll numbers.”Many New Yorkers understand that Hochul is deceitful and doesn’t care about New York or its residents. Her tenure in office is all about graft.“When it comes to safer mass transit, we’ll take what we can get (as will Mayor Eric Adams). But it’s impossible to see Gov. Kathy Hochul’s offer of some taxpayer cash to support more subway-cop patrols as anything but a panicked gesture.And panic in the face not of the rising violence underground, but of Lee Zeldin’s surging poll numbers.As Nicole Gelinas notes, the new patrols depend on added overtime, which is nothing like a lasting solution. Cops, like anyone else, can only do so much OT before they’re exhausted — and the city was already expecting to do 61% more street-cop OT than initially budgeted.Plus, NYPD retirements/resignations are on pace to exceed 4,000 this year, the highest since post-9/11. Thanks to no-bail and other ‘criminal-justice reforms’ that Hochul continues to defend and even extend, plus won’t-do-their-jobs DAs like Alvin Bragg (whom she refuses to fire), police morale is through the floor. That means fewer cops, especially fewer experienced ones — yielding a force that’s less effective and more prone to make mistakes that the anti-cop fanatics will seize on to further undermine public safety.Meanwhile, finally getting off her ‘abortion abortion abortion” obsession, the panicked gov just dropped a new ad on crime, with her vowing, ‘You deserve to feel safe, and as your governor, I won’t stop working until you do.’” “You deserve to feel safe”? This can be a useful campaign slogan, but, from the mouth of Kathy Hochul, it is vacuous as hell.This is what Hochul thinks of public safety: It is all “Smoke and mirrors:” Pretend to care about the life of average, honest, hard-working people, but give them nothing but empty promises.Hochul refuses to accept if she ever bothered to consider that——The right to self-defense is axiomatic, self-evident, true. It is a natural law right: an immediate need, at once indisputable, eternal, pre-existent in each human being, immutable, and illimitable, but this natural law right isn’t in Kathy Hochul’s lexicon. And don't expect that Kathy Hochul will proffer New Yorkers police protection.The police don’t operate as personal bodyguards to anyone except political bigshots like the Governor or a mayor of a major city, and, under the doctrine of sovereign immunity, the police do not legally have a duty to protect anyone. The public isn't aware of this, and Government has done nothing to explain this to anyone. The Arbalest Quarrel has written extensively about this.The police force of a community is only under a duty to provide protection for the community as a whole. Unfortunately, in New York, the police do little of that as well, and the fault rests with the Governor, Kathy Hochul and with NYC Mayor Eric Adams.Moreover, with massive cuts in police funding, cashless bail, and the presence of “non-prosecutors” like the George Soros flunky, Alvin Bragg, the need for, and right to armed self-defense in New York—especially in New York City—is acute.But Kathy Hochul perfunctorily dismisses any notion of a natural law right to armed self-defense, even when the U.S. Supreme Court makes abundantly clear to her the right to armed self-defense extends outside the home as well as inside it. Her response to the Bruen rulings makes her antipathy toward the right to armed self-defense crystal clear.Hochul refuses to comply with the High Court’s rulings in the third seminal case, NYSRPA versus Bruen.She conspired with the Democrat-Party majority in the State Legislature to thwart compliance with the rulings of the High Court.Hochul signed into law a set of amendments to the Court’s unconstitutional Gun Law that compound the unconstitutionality and unconscionability of the State’s Gun Law.Unsurprisingly, the package of amendments to the State’s Gun Law, referred to as the “Concealed Handgun Carry Improvement Act” (“CCIA”) were immediately challenged.Instead of relenting to the challenge, Kathy Hochul squandered taxpayer funds to defend the CCIA.Ultimately, the United States District Court for the Northern District of New York found for the Plaintiff New York gun owners. It issued a TRO, restraining Hochul from enforcing the amendments until trial on the merits of the CCIA.Still, Hochul refused to relent. She appealed the TRO to the U.S. Court of Appeals for the Second Circuit, where the case remains pending as of the date of this post.Conflating criminal misuse of handguns with the lawful use of handguns for self-defense, Hochul haughtily, contemptuously hides behind propaganda: a false, toxic narrative brew that the proliferation of handguns equates with gun violence.On a superficial level, this may make sense to some people as her proclamation is designed to do. But the true purpose of it is to hide a nefarious agenda: to deny to the law-abiding citizen his or her natural law right to armed self-defense.Hochul’s position is insupportable on legal, logical, and moral grounds. She obviously doesn’t care.If New Yorkers expect a safe and secure New York, they won’t obtain it from a Hochul Administration. Presumptively, any rational person would wish to live in an environment that is safe and would expect its government leaders to value the sanctity and inviolability of the individual.But people like Kathy Hochul care not for the well-being of the individual, but only for her well-being. That is the thinking of a sociopath. That is not the sort of person fit to be a leader.New Yorkers do have an alternative.Congressman Lee Zeldin is running against Kathy Hochul for New York Governor. Congressman Zeldin is the opposite of Hochul. He believes in the sanctity of each living Soul. Hochul does not. Her actions belie her words. Congressman Zeldin is a firm believer in the tenets of Individualism, consistent with the principles of the U.S. Constitution as written, as the framers of our Constitution intended. He is not a Collectivist. Hochul treats New York like a Beehive. She is the Queen Bee, and the average New Yorker, like the average Bee, is expendable! That is the gist of Collectivism.’ The tenets of Collectivism see their true expression and realization in Countries like CCP China. And Trudeau’s Canada is veering in that direction, as is our own Nation, under both the Biden Administration and the Pelosi/Schumer-controlled Congress. And people like Kathy Hochul wish the same for New Yorkers.Congressman Zeldin has stated he will fire Alvin Bragg once elected. Criminals and lunatics will no longer have a “field day.”But Hochul protects this Soros stooge: “Give him some time”; “Cut him some slack,” she retorts! Really? How much slack should New Yorkers give this creep? How much time does he need to prove his ineptitude as a DA? Bragg has since demonstrated his lack of concern for the life and well-being of innocent people. He does not believe in the need for pretrial detention for dangerous low life but immediately throws into the slammer individuals who, to his mind, have the audacity to defend their own life against maniacs.Such is the mindset of people who fail to accept, or even to recognize the natural law right to self-defense.  And rational Americans are expected to live in an insane, nightmarish dreamscape manufactured by these Dr. Frankenstein cousins: Kathy Hochul and Alvin Bragg?Most Americans, though, do not agree and will not accept an America ruled by irrational principles and dogma thrust upon them. Lee Zeldin won't and will not govern under irrational principles and dogma. Zeldin is a proponent of the natural law right of self-defense.He will institute policies that reflect the right of the people to keep and bear arms for self-defense and he will not kowtow to nor tolerate the antics of lunatics and criminals.Under Zeldin's Governorship New Yorkers need no longer fear the antics of malignant criminals and lunatics; nor the sordid policies of irreverent, irreligious malevolent leaders who give free license to such behavior and herald and rationalize such policies as good and just and right and proper.Congressman Zeldin will be tough on crime and on criminals, unlike Kathy Hochul who literally gives criminals and dangerous lunatics a “get-out-of-jail-free” card. Most importantly, Congressman Zeldin is a man of convictions, and those convictions are consistent with that of the fathers of our Nation. He isn’t a crass opportunist. Kathy Hochul, on the other hand, given the chance, will sell out the State and the people of New York to the highest bidder and, from her present set of actions, she has shown a proclivity to do just that—ransoming the State and the lives of the good people of New York to serve her own selfish ends.New Yorkers should keep uppermost in mind, as should all Americans: voting has its consequences.The future of New York does look bright and will be bright with the team of Lee Zeldin/Alison Esposito. Darkness is and will remain and worsen under the Kathy Hochul Administration—but only if elected.If New Yorkers like to live and work in a perpetual condition of abject fear, unable to defend their own lives with adequate means of protection that only a firearm can provide and unable to rely on the police even to provide a modicum of protection for the community, and if they wish to accept corruption as a normal condition, then by all means, vote for Kathy Hochul for Governor. Hochul has demonstrated she doesn’t give a damn for the physical safety and well-being and welfare of law-abiding American citizens who reside and work in New York; nor for the financial and economic well-being of the State; nor for preserving the tenets and principles of a Free Constitutional Republic, upon which our Country was created and upon which it thrived. For all other New Yorkers—those who do wish to live and work in a State that promotes the safety, well-being, and welfare of American citizens and who do wish to reside in a thriving, vibrant New York—you have an opportunity to do so.Remember: in making your decision, as to whom to vote for, keep in mind the adage invoked at the beginning of this article:Voters get the leaders and government they deserve. Those people become their representatives—the ones THEY elect to office. Ask yourself when you go to the polls to vote: “Do the representatives you vote for truly serve and truly desire to serve your interests or are their words mere artifice as they go about serving their own interests and aims—interests and aims that are altogether at loggerheads with those of you and I, the American people?”___________________________________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 21^st 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 FILES APPEAL OF TRO: WHAT WILL THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT DO?

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 SEVENTEEN

Just as we anticipated and pointed out in our article posted on both AQ and in Ammoland Shooting Sports news, on October 10, 2022, New York Governor Kathy Hochul’s Government wasted no time filing her “Emergency Motion Pending Appeal” with the U.S. Court of Appeals for the Second Circuit, after the U.S. District Court for the Northern District of New York granted Plaintiffs' request for a TRO staying execution of Hochul’s CCIA in Antonyuk vs. Hochul.Hochul’s Attorney General, Letitia James, filed the Motion along with the Governor’s “Memorandum Of Law In Support Of Motion For A Stay Pending Appeal And An Administrative Stay Pending Resolution Of The Motion,” on October 10, 2022.Apart from the AG’s Press Release of October 6, 2022, coming immediately after the District Court granted a stay of the CCIA, there was a blackout of news coverage on this.Hochul’s AG, James, must have worked around the clock to get Hochul’s motion filed in hopes of protecting the CCIA in the run-up to the Midterm Elections.Upon the filing of the Motion to lift the stay, the AG released a succinct Press Release, detailing the aspects of the CCIA under assault, which Hochul intends to enforce:“The CCIA was passed during an extraordinary session of the Legislature and enacted earlier this summer in the wake of the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. The law strengthens requirements for concealed carry permits, prohibits guns in sensitive places, requires individuals with concealed carry permits to request a property owner’s consent to carry on their premises, enhances safe storage requirements, requires social media review ahead of certain gun purchases, and requires background checks on all ammunition purchases.”The curious thing about this entire episode is the notable absence of Press Coverage, apart from two terse, self-serving Press releases from the AG’s Office. Is this a news blackout? It is! Doesn’t The New York Times think the District Court’s award of a TRO meets the requirement of the Paper’s motto: “All the News Fit to Print”? It doesn’t.The legal ramifications of the TRO are bad enough but the political fall-out is even more compelling, concerning, and disconcerting for Hochul, especially with her Governorship on the line.Congressman Zeldin is breathing down her neck. A staunch supporter of the Second Amendment is in striking distance, closer than anyone thought possible, as the New York Post points out in its October 10, 2022, article, “Polls show Lee Zeldin on track to win — if voters learn the stakes.” Hochul’s image makers want to make the New York Gubernatorial Race about abortion. But the pressing issue is rampant, escalating violent crime in New York City, extending throughout New York. The Governor is either unable or unwilling to deal with that.Hochul never talks about “Criminal Violence.” She only talks about “Gun Violence.” Sounds simple, and, for some, logical: no guns, no “gun violence.” But, what about criminal violence? Doesn't that remain?Hochul’s policy is one-sided: disarm the public, and her CCIA does that.But what about criminal violence? How about removing psychopaths and lunatics from the streets? It is these elements that are responsible for the havoc and chaos and harm to or loss of innocent life.This flotsam and jetsam may use guns, if available, sure; or other items such as knives, blunt objects, and arms and legs and maws. See the FBI statistics report and the breakdown provided by Joslyn Law Firm Report.And New York's cashless bail policy doesn’t help, as the Zeldin Media Center aptly points out.And it doesn’t help that NYC prosecutors routinely drop serious charges against perpetrators of violence. See the article in The New America. And, of course, it is easy to attack the law-abiding citizen.Doing so kills two birds with one stone. Disarm the citizenry so it doesn’t pose a threat to the Tyrant, and create the pretense of promoting public safety. That once was true, but no longer.Now the Hochul Government is beset with a vexing problem: the award of a TRO against enforcement of Hochul’s CCIA.The awarding of a TRO is an extraordinary remedy rarely granted. That a U.S. District Court granted it here, means the District Court finds that the principal provisions of the CCIA are unconstitutional and unconscionable. But Hochul should have seen this coming. She didn't or simply hoped the District Court wouldn't award a TRO. After all, the Federal Courts have hitherto deferred to Government actions targeting New York gun owners.They once did, but no longer, certainly not since NYSRPA vs. Bruen.And Hochul should have gotten a clue when the District Court pointed to the unconstitutionality and outright rapaciousness of the CCIA in the previous case, Antonyuk vs. Bruen when the Court dismissed the case without prejudice due to a technical legal matter.The Court’s lengthy opinion in the first case left no doubt that it encouraged the Plaintiff, Antonyuk, to file a new case. The Court spent considerable ink in explaining, one, why the CCIA is unconstitutional and intolerable and two, how Antonyuk can overcome the standing issue.This is a problem for Hochul. It is one thing when an American citizen and resident of New York argues that the State Government has violated his fundamental, unalienable right to keep and bear arms, consistent with his God-Given natural law right to armed self-defense. That has come to be expected. Hochul doesn’t give a damn about that. It is ho-hum, nothing new. It has happened many times before, going back to 1911 when the State first imposed handgun licensing on New Yorkers, with enactment of the Sullivan Act. And the New York Government has slowly, methodically, inexorably whittled away at the God-Given right of armed self-defense ever since.But it is quite another thing when a Federal Court agrees with the citizen and, more, not only admonishes the Government but excoriates the Government for creating a law that denies a law-abiding citizen the ability to effectively secure his life, health, well-being, and safety with a firearm.The Court’s reaction to the CCIA is damning to the Government’s narrative that it had long assumed the public and the courts would take as axiomatic: that denying a law-abiding citizen the right to armed self-defense is constitutional precisely because doing so promotes public safety. Both propositions are false.Heretofore New York’s Federal Courts have deferred to the Government’s immolation of the Second Amendment guarantee, even acknowledging that armed self-defense is nothing but a privilege, conditioned on the acquisition of a license to engage in that privilege of armed self-defense; and that constraints on the exercise of the privilege are acceptable because a greater good is obtained: public safety.This in a nutshell is the salient tenet of the American Collectivist ethical system of utilitarian consequentialism.The Heller, McDonald, and Bruen rulings upended the idea that the fundamental, unalienable right of armed self-defense is reducible to a mere Governmental privilege. And in controverting that idea, the High Court also uprooted the entire normative ethical system of utilitarianism that denies the existence of natural law rights beyond the power of the Government to modify, dismiss, abrogate, or ignore.But, in failing to strike a State’s handgun licensing statute, the U.S. Supreme Court allowed renegade State Governments to perpetuate the practice of denying the exercise of a natural law right—the most important natural law right—survival of Self, upon which the sanctity and inviolability of one’s being depends. And jurisdictions like New York took advantage of that failure.Collectivism repudiates the idea of the sanctity and inviolability of the individual. The individual counts for nothing. Only the sanctity of “the hive” is important along with the Queen Bee. In human society, the “Queen Bee” includes the few “Elect Elites” of society.Of course, people like Governor Hochul don’t describe the ravaging of the natural law right of armed self-defense in such stark terms, but, their actions bear out they care nothing for the well-being of the common man.But, at least one New York Federal Court in New York has rethought the foundation of Second Circuit law in light of the Bruen rulings, recognizes the flaw, and has done something about it.Presumptive deference to State Government actions denying the right of armed self-defense in New York is becoming a dead letter, erstwhile blackletter law. Let’s see if the U.S. Court of Appeals for the Second Circuit agrees with the District Court’s granting of the TRO, and keeps the TRO in place, suspending enforcement of the CCIA until the District Court has had an opportunity to resolve Antonyuk vs. Hochul on the merits and has entered final judgment in the case. It should.NEW YORK GOVERNOR KATHY HOCHUL’S ARGUMENT TO DISSOLVE THE TRO IN THE ANTONYUK CASE AND ALLOW ENFORCEMENT OF THE CCIAIn the Government's Memorandum, Letitia James, on behalf of Governor Hochul, cites several cases to buttress the Governor’s argument. But those arguments all boil down to one thing: a presumptive legal prerogative of the State that, through time, has devolved into a vacuous rhetorical political talking point, a mere platitude: “public safety.”Letitia James writes,“The serious risk of irreparable harm to public safety and the possibility of regulatory chaos necessitates an immediate appeal. As the data confirm, more guns carried in more places by more people result in more crime, violence, and homicide. In addition, state and local officials have spent significant resources implementing the CCIA and informing New Yorkers about the new law, only to have the Order sow confusion among the public, licensing officials, and law enforcement. The purpose of interim relief is to preserve the status quo, not to create turmoil during the pendency of litigation.”In other words, James is saying: guns are the root of all evil; the CCIA helps eradicate that root; the public good is best served by CCIA enforcement.That’s the gist of the argument, which begs the question why would a District Court not see this? That it did not, the Hochul Government presumes that the District Court is wrong, and she expects the U.S. Court of Appeals for the Second Circuit to rectify the matter, in her favor.So convinced is the Government in its own infallibility, that it doesn’t try to convince the Federal Circuit Court that the District Court’s TRO is legally insupportable. The Government simply assumes the TRO is insupportable and that the Circuit Court should recognize this as plain and self-evident. The AG, on behalf of Governor Hochul, says,“The serious risk of irreparable harm to public safety and the possibility of regulatory chaos necessitates an immediate appeal. As the data confirm, more guns carried in more places by more people result in more crime, violence, and homicide. In addition, state and local officials have spent significant resources implementing the CCIA and informing New Yorkers about the new law, only to have the Order sow confusion among the public, licensing officials, and law enforcement. The purpose of interim relief is to preserve the status quo, not to create turmoil during the pendency of litigation. Second, the Order should be stayed pending this appeal.”The conclusion is presupposed in the premise. Letitia James says,“The [TRO] Order bears the hallmarks of an appealable preliminary injunction, and a stay pending appeal is necessary given the overwhelming balance of equities in favor of appellants and plaintiffs’ failure to demonstrate a likelihood of success on the merits.”But, the District Court explained through rigorous argument that it was the Plaintiffs, not the Defendant Government Officials, who had established a likelihood of success on the merits. And that is a critical requirement that must be met before a Court can legally issue a TRO. And the District Court has determined the weight of hardship accrues to the Plaintiffs if the TRO is dissolved. For if the TRO is lifted, then the Plaintiffs would be subject to arrest and slapped with a serious misdemeanor or felony for carrying a handgun for self-defense in an area where, prior to the enactment of the CCIA, it was lawful to carry if one had a valid handgun license, which Plaintiffs presently have. The Hochul Government doesn't see this or otherwise simply chooses to ignore it, such contempt it has for gun owners. And The Government claims the TRO, an interlocutory order, is a final appealable order to be treated as an injunction. It isn't. Further, the Government claims it is likely to win on the merits. It can't legally make that claim because, once again, the TRO is an interlocutory order. The claim isn't appealable unless the TRO can be treated as an injunction. The Government here hasn't proffered a cogent argument to support a finding for the Second Circuit to treat the TRO as an injunction. The Government's assertions bespeak arrogance. The Second Circuit should keep the TRO stay in place and remand the case to the District Court to resolve the substantive issues through discovery and trial. And, in the end, the District Court will either issue a preliminary or permanent injunction or, if the Government can prove with the weight of evidence that the CCIA is constitutional, the Court can order enforcement of it. Once the trial has concluded, and the District Court has entered its order, that order becomes a final judgment entry. At that point, the party against whom judgment is entered can appeal that final judgment to the U.S. Court of Appeals for the Second Circuit for final resolution of the case, after which the losing Party can then appeal the judgment of the Second Circuit to the U.S. Supreme Court, which the High Court may or may not agree to review.___________________________________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 NEW YORK ANTONYUK CASE: “BRUEN II” IN THE MAKING?

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

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PART FIFTEEN

NEW YORK GOVERNOR KATHY HOCHUL HAS HER HANDS FULL: THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK JUST THREW A WRENCH IN HER UNCONSTITUTIONAL AND UNCONSCIONABLE AMENDMENTS TO THE NEW YORK GUN LAW SUSPENDING ENFORCEMENT OF HER DRACONIAN CHANGES TO THE NEW YORK CONCEALED HANDGUN CARRY LICENSE REQUIREMENTS*

The ink wasn’t yet dry on Bruen when New York Governor Kathy Hochul, commanded the State Legislature to place the final touches on amendments to the New York Gun Law and to do so quickly. Clearly, Hochul had substantial early warning of the decision and had made ample provision for it. She had, or so she thought, figured out an ingenious way around so that it would not waylay the ongoing agenda to strip New Yorkers of their natural law right to bear arms in their own defense against predators lurking all over the place.Just as quickly as Hochul signed the amendments to New York’s unconstitutional and unconscionable Gun Law, an American citizen and resident of New York, Ivan Antonyuk, along with Gun Owners of America, Inc., and two sister organizations, filed their challenge to it.The case is Antonyuk vs. Bruen, 2202 Lexis 15784 (N.D.N.Y. Aug. 31, 2022).It is important to keep this case in mind, for the U.S. Supreme Court will deal with it. It will become Bruen II.The TRO suspends the operation of the “Good Moral Character” requirement and the “Sensitive Location” requirement of the CCIA, effectively gutting it. But why did the District Court grant the TRO? To understand why the Court did this, it helps to have a context for it. And, for context, it helps to have some understanding of the history of Antonyuk.It behooves one to reflect on the fact that the District Court denied the Plaintiffs’ original Complaint and Motion for Preliminary Injunction and Hochul made much of that, gloating over it.

A TIMELINE OF STEPS LEADING UP TO THE DISTRICT COURT'S FIRST RULING IN ANTONYUK

On July 11, 2022, Plaintiff, Ivan Antonyuk, along with Gun Owners of America, filed their complaint, claiming that the CCIA (the collective name for the most recent package of amendments to New York's Gun Law, the Sullivan Act) violates the First, Second, and Fourteenth Amendments of the U.S. Constitution, and 42 U.S.C. § 1983 of the Civil Rights Statute of 1871.On July 20, 2022, the Plaintiffs filed their motion for a preliminary injunction, seeking to suspend the CCIA immediately, before trial on the substantive issues, which could take months. A long wait was unacceptable since the CCIA was due to become effective in early September 2022.On August 15, 2022, Defendant, the New York Government, filed its opposition to the motion. On September 1, 2022, the Court issued its ruling dismissing the complaint on the Court’s own motion and denying the Plaintiffs’ motion for preliminary injunction as moot.Upon dismissal of the Complaint and denial of the Motion for a Preliminary Injunction, on September 1, 2022, Kathy Hochul triumphantly boasted——“The court dismissed the case and denied the motion for a preliminary injunction. It is a just and right decision, and our smart, sensible gun laws will go into effect as planned tomorrow on September 1 to keep New Yorkers safe.” ~ See the Statement by New York Governor Kathy Hochul, posted on her website, on August 31, 2022, one day before the official release of the decision, having obviously received advance notice of the decision. Hochul’s boast would come back to haunt her.Hochul thought the Court’s dismissal of the Complaint and denial of the Motion signaled vindication for the CCIA.It didn’t, not by a long shot!Governor Kathy Hochul failed to mention in her remarks to New Yorkers that the Federal Court dismissed the Complaint and denied the Motion for Preliminary Judgment, “without prejudice.”This is important. It means the Plaintiffs were free to refile their case. Apparently, Hochul didn’t consider that possibility and what it might portend.In dismissing the case without prejudice the District Court did not merely permit the refiling of the case, the Court, in this instance, avidly encouraged the continuation of the case.And, the Plaintiffs did just that.One should not, then, view the U.S. District Court decision on September 1, 2022, as merely a perfunctory dismissal of a lawsuit challenging the CCIA. It was much more than that.The opinion was 101 pages long and highly detailed. It was a roadmap designed for the Plaintiffs.And the Plaintiffs followed that roadmap to the letter.In the September 1 opinion, the District Court lacerated Hochul's CCIA. She made no mention of the content of the opinion, nor did she even allude to it in her remarks.The Court showed its outrage not only for the breadth and depth of the New York Government's defiance toward the U.S. Supreme Court's Bruen rulings—no less so than for its contemptuous attitude toward the Court itself—but also at the insouciance with which Governor Hochul and the New York Legislature in Albany had acted to undercut the High Court's rulings and attempted now to extend that heedlessness and callousness toward the U.S. District Court.The amendments to New York's Gun Law make getting a New York concealed handgun carry license more difficult, not less so than prior to the enactment of the CCIA. And for those few individuals willing to sacrifice a severe invasion of their privacy, as the bitter price to pay for a New York State concealed handgun carry license, they will find it affords them little practical benefit for all the trouble it took them to gain it.The U.S. District Court saw right through Hochul's charade and would not suffer it: not for the American people, nor for itself, as a component of the Third Branch of Government, the U.S. Supreme Court. But, one cannot fully appreciate the District Court's justified anger toward Hochul and toward the New York Legislature in Albany unless one reviews the original District Court opinion.AQ is doing the analysis and will provide the results to our readers and will forward our analysis to the publisher of Ammoland Shooting Sports News for consideration, for Ammoland's readers. Those articles are being prepared now for publication soon.

A TIMELINE OF THE ANTONYUK CASE IMMEDIATELY AFTER THE DISMISSAL OF BOTH THE ORIGINAL COMPLAINT AND MOTION FOR PRELIMINARY INJUNCTION

On September 22, 2022, Ivan Antonyuk, the original Party Plaintiff, and five additional individuals filed their Motion for a Temporary Restraining Order and Motion for a Preliminary Injunction. Gun Owners of America and its sister organizations dropped out as Party Defendants to the new action for a TRO because the District Court had determined in the earlier case, Antonyuk vs. Bruen, that Gun Owners of America lacked legal standing and could not overcome the standing issue. The Defendants in the TRO action now included a slew of State and various County Government officials. And the first-named principal Defendant was now none other than the New York Governor Kathy Hochul, herself, in her Official Capacity, as Governor. Kevin Bruen still appears as a Party Defendant, in his Official Capacity as Superintendent of the New York Police, but is now relegated to second-named Defendant. However, Bruen remains a fixture in the Antonyuk and he was, of course, the principal Defendant in the “Granddaddy” U.S. Supreme Court case, NYSRPA vs. Bruen. Hochul, though, is now raised to the status of principal ignominious antagonist in the epic tragedy she had orchestrated and which she has inflicted on herself and on all New Yorkers. She has no one to blame for the mess but herself.On September 28, 2022, the State Defendants and the Oswego County Defendants submitted their briefs in opposition to the Plaintiffs’ motion for a Temporary Restraining Order.On September 29, 2022, the Court conducted an oral argument. At the end of the oral argument, the Court reserved the decision and stated that its decision would follow. On October 6, 2022, the Court decided the TRO, granting it in part and denying it in part.For a Court to grant a TRO is no mean accomplishment. Getting a Court to grant a TRO is even more difficult than getting a Court to grant a Motion for Preliminary Injunction, which is itself difficult.For a Court to grant a TRO, a plaintiff must, show: one, that the case presents a “sufficiently serious question,” two, a likelihood of success on the merits, and, three, that the public interest would not be “dis-served” by proffering the relief requested. The Court determined that all those factors were met.For the Hochul Government, an award of a TRO immediately throws a wrench into both the operation of the CCIA and the Government's broad agenda to eviscerate the exercise of Americans' natural law right of armed self-defense.The Hochul Government is climbing a wall in rage. And, Hochul herself must be no less happy at the prospect of appearing as a jackass for having claimed complete vindication after the District Court had dismissed the Complaint and denied the Preliminary Injunction back on September 1, 2o22.Hochul was too quick on the draw, her exaltation at the dismissal of the case in September was premature. Did she even bother herself to read the District Court's decision? Did she honestly think the Plaintiffs wouldn't continue to seek redress and that they would not likely prevail on a subsequent Court filing, especially when the Court had encouraged the Plaintiffs to refile and went further, explaining how Plaintiffs can overcome the procedural problem of “standing” that had flawed the original Complaint and Motion for Preliminary Injunction?Had Hochul taken a more cautious stance and reasoned tone in her remarks on September 1, 2022, she would not now come across as a complete buffoon. But, she couldn’t help herself. And her image makers did her no service. The one constant and ineradicable character flaw of all social and political Progressives, Neo-Marxists, and Neoliberal Globalists both here in the United States and in the world at large is their unbelievable, irrepressible arrogance.The question at the moment is: “what will Hochul and her Government do now?”The Hochul Government will almost certainly file an appeal with the U.S. Court of Appeals for the Second Circuit, seeking a reversal of the U.S. District Court decision. But that appeal will probably fail. And the appeal will probably fail for this reason:“Because a TRO is interlocutory and is not technically an injunction, it is ordinarily not appealable.” Romer v. Green Point Sav. Bank, 27 F.3d 12, 15 (2d Cir. 1994).Hochul cannot weasel her way around the TRO. This means that the case will go to trial, and that takes time. And, with the TRO in place, time is no longer on her side, but on the side of those New Yorkers who cherish the right of the people to keep and bear arms. The granting of the TRO means that the Bruen rulings stay in place.Hochul cannot weasel her way around the TRO. This means that the case will go to trial, and that takes time. And, with the TRO in place, time is no longer on her side, but, rather, on the side of those New Yorkers who cherish the right of the people to keep and bear arms. This also means, one, the Bruen rulings stay in place, and, two, the Hochul Government cannot lawfully make use of a fortified and bloated “Good Moral Character” requirement along with the imbecilic “sensitive location” requirement to defy the High Court and curtail the right of armed self-defense. The principal provisions in the CCIA are suspended!Kathy Hochul's Government must adhere to the High Court's Bruen rulings! The Antonyuk case will proceed to trial, and that will take time!Hochul cannot defy the High Court. And she cannot, by legerdemain, curtail the right of armed self-defense.Kathy Hochul's Government must adhere to the High Court's Bruen rulings! The Antonyuk case will proceed to trial and that will take time.This is a definite win-win outcome for New Yorkers. But, for Hochul and her Government, this is a no-win situation and it could not come at a worse time.Perhaps Hochul will ignore the District Court’s order outright just as she defied the High Court. We wouldn’t put it past her. But, with the Midterm Elections fast approaching and her Governorship on the line, would Hochul dare to defy “the rule of law” that Democrats make so much of in their oratory and yet care so little about as evidenced in their actions and policies? How will Hochul's political consultants and image makers play this? It will be interesting to see.___________________________________* This is an important update to the previous version of this article. AQ has corrected the recitation of the named Party Plaintiffs and the named Party Defendants.____________________________________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

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PART FOURTEEN

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

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

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

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