Posts Tagged ‘Fifth Amendment’
Tuesday, January 15th, 2019
Been a while since I did one of these, so let’s have at it:
The Trump Administration’s bump-stock ban is a legal abomination:
The new rule represents the most sweeping federal gun control effort since the so-called assault weapons ban, which was passed in 1994 and expired in 2003. Even the Obama administration, which was overtly hostile to Second Amendment rights, rejected the logic of Trump’s bump stock ban.
As a matter of both law and physics, the Trump administration’s gun control rule banning bump stocks is an abomination. The Department of Justice (DOJ), which formally issued the rule, not only ignores underlying federal statutes that precisely define what constitutes a fully automatic “machine gun,” it also ignores the mechanics of how guns are fired and how bump stocks increase the rate of fire. Even worse, the faulty logic of the new gun control rule could eventually be used as a basis for a presidential administration unilaterally banning and confiscating all semi-automatic weapons.
Another concern about the bump stock ban: It doesn’t just ban them, it make those already legally purchased before the ban illegal to own:
“A current possessor may destroy the device or abandon it at the nearest ATF office, but no compensation will be provided for the device. Any method of destruction must render the device incapable of being readily restored to its intended function.”
Get caught in violation and prepare to have your life destroyed through arrest, prosecution, incarceration and a lifetime ban on owning guns. All brought to you by a “pro-gun” president taking his lead from NRA’s plea to regulate instead of legislate.
This is, to my mind, an unconstitutional taking under the Fifth Amendment, and if allowed to stand, would pave the way for future gun confiscations via regulatory mandate.
Borepatch makes his position clear: “Gun control is unconstitutional. All of it. ALL OF IT.” Further: “I would roll it all back past the 1934 Gun Control Act. No lists. No watchdogs. No limits on design or rate of fire.”
Speaking of unconstitutional, “red flag laws” are bullshit.”
Just in case it was unclear, Democrats really do want to ban all modern sporting rifles. (Hat tip: Say Uncle.)
City of Austin: Don’t think you can bring your foolish “gun rights” here. Texas Attorney General Ken Paxton: Here, have a lawsuit:
Austin could face punishment for infringing on the citizen’s rights: state law allows for a $1,500 daily fine for blocking licensed citizens from entering city hall with their permitted handguns. According to Paxton’s press release, the city has been barring the resident for more than 500 days, and the attorney general’s team asked the court to impose a total fine of over $750,000.
Tags:Austin, bump stock ban, Democrats, Dianne Feinstein, Fifth Amendment, gun control, Guns, Ken Paxton, Modern Sporting Rifle, Regulation, Texas
Posted in Austin, Democrats, Guns, Regulation, Texas | 1 Comment »
Friday, August 11th, 2017
North Korea is making crazy threats again, which at this point is a dog-bites-man type story if ever there was one. They’ve done this sort of crazy lunatic invalid sabre-rattling before and, if President Trump doesn’t end up wiping them off the map entirely, will undoubtedly do it again. But it doesn’t change the underlying dynamic of the situation: North Korea can hurt us, but we can completely erase North Korea from the Prime Material Plane. So unless actual military action occurs, I doubt I have much to say (or link to) on North Korea…
NSA says no Russian hack of DNC computers. “Hard science now demonstrates it was a leak—a download executed locally with a memory key or a similarly portable data-storage device. In short, it was an inside job by someone with access to the DNC’s system.” Will the Trump Derangement Brigades finally let go of their Russian hacking fantasy? (Hat tip: Director Blue.)
“Why Does the Left Suddenly Hate Russia?”
The new progressive hatred of Russia is baffling. Of course, Vladimir Putin is a thug and a killer who in the grand tradition of Russian autocracy has no intention ever of holding free elections. But he is perhaps no more a murderer than are the Castro brothers in Cuba, with whom we have concluded a détente and who have no arsenal capable of destroying the U.S.
Putin is no more or less trustworthy than are the Iranians, with whom in 2015 we cut a deal on nuclear proliferation and who are far more likely than the Russians to send a nuclear missile into Israel someday. Putin’s brutal suppression of the press recalls the ongoing repression by President Recep Erdogan of Turkey — a linchpin member of NATO.
There is no freedom in China. The Communists still in control have the blood of 50 million Chinese dead on their hands from Mao’s brutal revolutions and genocides. Yet we enjoy all sorts of cultural, political, and economic bipartisan relationships with China, whose nuclear patronage of North Korea has done more damage to U.S. security than any plot from the dark mind of Vladimir Putin.
In terms of Russia’s macabre history, Putin is a piker compared with Soviet Premier Joseph Stalin, who may have orchestrated the deaths of 20 million Russians. After December 1941, the United States concluded a “Big Three” wartime pact with Stalin and supplied 20 percent of the Soviet Union’s wartime resources and arms — some of it later lavishly recycled to post-war Communist uprisings around the globe.
“Australian terror suspect planted plane bomb on brother.” And of course the BBC puts this information 17 paragraphs into the story: “The two suspects – Khaled Khayat, 49, and Mahmoud Khayat, 32.”
Democrats are screwed in 2018…and beyond:
Even if Democrats were to win every single 2018 House and Senate race for seats representing places that Hillary Clinton won or that Trump won by less than 3 percentage points — a pretty good midterm by historical standards — they could still fall short of the House majority and lose five Senate seats.
Snip.
In the last few decades, Democrats have expanded their advantages in California and New York — states with huge urban centers that combined to give Clinton a 6 million vote edge, more than twice her national margin. But those two states elect only 4 percent of the Senate. Meanwhile, Republicans have made huge advances in small rural states — think Arkansas, North and South Dakota, Iowa, Louisiana, Montana and West Virginia — that wield disproportionate power in the upper chamber compared to their populations.
Snip.
Consider: In 1980, there were 18 states where the presidential margin was at least 5 points more Democratic than the national result, 18 states where it was at least 5 points more Republican than the national result and 14 states in between. Hypothetically, over three successive election cycles, all either party needed to do to win a Senate majority was win all 36 of the seats in the friendly states plus at least 15 of the 28 swing-state seats.
Today, Republicans don’t even need to win any “swing states” to win a Senate majority: 52 seats are in states where the 2016 presidential margin was at least 5 percentage points more Republican than the national outcome. By contrast, there are just 28 seats in states where the margin was at least 5 points more Democratic, and only 20 seats in swing states.
23% of federal prisoners are illegal aliens.
Former “sanctuary cities” in Clark County in Nevada and Miami-Dade County in Florida have confirmed they’re now in compliance with federal immigration law. (Hat tip: Director Blue.)
“For Fear Of Leaks, Google Cancels All-Hands Meeting Over Engineer Firing Fiasco.” Google went full Social Justice Warrior. Never go full Social Justice Warrior…
Christina Hoff Sommers: “Google has excommunicated James Damore for crimes against the Pink Police State.”
“Trump Appoints More Judges in 200 Days Than Obama, Bush, Clinton.” (Hat tip: Director Blue.)
“Perhaps the Second Amendment is the black man’s ultimate sign of full citizenship.” Also this: “The National African-American Gun Association he founded has grown from 800 to 20,000 members since 2015.” Though the piece is marbled with the usual leftwing “America the racist” framing. (Hat tip: Shall not Be Questioned.)
This is, I think, a grave miscarriage of justice: man convicted of DUI for driving in and out of his own garage while drunk, never leaving his own property, which strikes me as a takings clause violation.
Julian Castro forms a PAC. Possibly eyeing a 2020 Presidential run? Well he’s certainly not going to win statewide…
Democrats “pro-worker” policies hurt workers. (Hat tip: Ace of Spades HQ.)
Why is Spain arresting European journalists on Turkey’s behalf? Swedish citizen Hamza Yalcin is in jail for “treason” which seems to mean “criticizing the Erdogan regime.” (Hat tip: Stephen Green at Instapundit.)
How Japan could have won World War II. “Win” in this case is not “pummeling America into submission” (impossible) but “making the costs of a protracted war so high that it avoids defeat.” Not striking Pearl Harbor was one key possibility. (Hat tip: Ace of Spades HQ.)
Giant mech fight! Finally, the 21st Century I was promised! (The headline says “robots” but the video clearly shows piloted vehicles.) Now, from an actual military standpoint, that under-armored, under-powered mech is going to last about 15 seconds on a real battlefield and could be taken out by a single RPG (or any 8-year quick enough to jam a crowbar into the exposed, undersized tread gears), much less a real tank…
“NY Times Editors Deny Reading Their Own Newspaper.”
“Emails Show WaPo, NYT Reporters Didn’t Want to Cover Clinton-Lynch Tarmac Meeting.”
Paper beats rock. Rock beats Mexican. (Hat tip: Dwight.)
I hate linking to ESPN given its SJW turn, but this profile of fighter Conor McGregor was too good not to.
Neanderthal cave structure dated to 176,500 years ago.
The fate of Viking settlers in Greenland. (Hat tip: Jerry Pournelle.)
Tweets:
I encourage Antifa to buy a Soviet tank. They’ll discover tanks are cool, which will be a gateway drug to learning that guns are cool, after which it’s only a matter of time until they’re eating BBQ, driving pickup trucks and listening to Garth Brooks…
Tags:2020 Election, 2020 Presidential Race, antifa, archeology, Australia, Border Controls, Christina Hoff Sommers, Communism, Crime, Democrats, Donald Trump, Elections, Fifth Amendment, Foreign Policy, Google, Greenland, Guns, Hamza Yalcin, Japan, Jihad, Julian Castro, LinkSwarm, Media Watch, Mexico, Military, Neanderthal, New York Times, North Korea, PAC, Recep Tayyip Erdogan, robots, Russia, Social Justice Warriors, Spain, T-34, tanks, Texas, Turkey, World War II
Posted in Border Control, Communism, Crime, Democrats, Elections, Foreign Policy, Guns, Jihad, Media Watch, Military, Social Justice Warriors, Texas | No Comments »