California Gun Control

California has a new law, with effect at the start of this year, that requires semiautomatic pistols sold there to have microstamping capability on the pistols’ firing pins. The tech would stamp the brass when the pistol discharges a round, and from that, the brass could be tied back to the pistol that fired it.

As part of the implementation, the California Department of Justice now asks Firearm manufacturers and Interested Parties a number of questions about how the rule should be implemented. These questions include

  • Who is best suited to provide the microstamp to the DOJ?
  • When should the microstamp be provided to the DOJ?
  • How should the microstamp be provided to the DOJ?
  • If a microstamp part needs to be replaced, should the regulated replacement part have the same microstamp as the original?

This Interested Party offers some answers, even though I’m not a citizen of California, being glad instead to be a citizen of Texas:

  • No one
  • Never
  • N/A, see above
  • N/A, see above

California’s move is just another in a long chain of efforts by gun control…persons…to build up a database of who has what firearms so they can be seized at a later date.

They Don’t Clash

New Jersey has a new gun control law, one which Governor Phil Murphy (D) signed just last week.

Under the new law, concealed carry is not allowed in “high-density” locations, places with vulnerable populations or where there is First Amendment or government activity.

New Jerseyans can’t exercise their Second Amendment rights where they’re exercising their First Amendment rights? How does that work, exactly? The two sets of rights are synergistic, not conflicting.

And of what is Murphy’s government so terrified that his administration’s “activities” need to be protected from the people for whom he works?

There’s this fillip, too:

The new law also restricts who is ineligible to obtain a carry permit, including those with an outstanding arrest [warrant]….

But not convicted of the charge. So much for innocent until proven guilty in New Jersey.

And

…four endorsements of character from non-related references must be provided with applications.

Those four endorsers, too, each will be…interviewed…by Murphy’s government men. Murphy’s government not only is tracking New Jersey citizens who have firearms, now he intends to track those who support those who have firearms, also.

Never mind that the Supreme Court’s rulings in NY State Rifle and Pistol Association v Bruen, District of Columbia v Heller, and McDonald v City of Chicago individually and together acknowledged that the right of us Americans to keep and bear Arms is an individual right rather than a collective one, and that they acknowledged that we don’t have to satisfy Government of any sort of “need” or “suitability of purpose” in our keeping and bearing. Never mind, either, that the rulings also required carry permit issuance to be based on strictly objective criteria, not on a government functionary’s wholly subjective assessment of “character” references.

The opening line of our Constitution—the opening phrase—is We the People of the United States.  It’s our Constitution, not Government’s. We are sovereign in our nation, not Government. It’s our obligation to enforce our rights; Government can act (and should), legitimately, only to assist us, not to usurp our duties. We defend our nation; Government acts in our name for us, not in its own name for itself.

Our Second Amendment rights are critical to all of that. Without our individual, personal keep[ing] and bear[ing] Arms, we cannot do any of that. That’s why our right shall not be infringed. Especially where First Amendment or government activities are occurring.

This is one example of why we can’t trust gun control pushers. They have no understanding whatsoever of our Bill of Rights and, by extension, of our Constitution.

Some Thoughts

Donald Trump Jr has posted some ideas for maintaining/protecting the freedom of speech of us American citizens that his father, former President Donald Trump (R) has for 2024. He’s on the right track….

I have some thoughts on some of them.

Regarding Section 230: Social media—Twitter, Facebook, Alphabet—have made themselves into the public square, and with their collusion with the Federal government to censor speech, they’ve made themselves arms of that same Federal government. That’s two ways, each of which alone is determinative, in which social media have demonstrated their lack of need and forfeited their “right” to protection under Section 230.

Regarding Federal dollars going to academic institutions or programs that don’t live and breathe free speech—especially unpopular speech: Not a single copper penny should be going to those things. If they’re going to censor Americans, they need to do it on their own coin.

Regarding the 7-year cooling off period for intel-related folks: Go broader. Lift the security clearances for all government officials as soon as they leave office, with this exception: the President, Vice President, Cabinet Secretaries, and Agency heads should be allowed to keep their clearances for 90 days, with no possibility of an extension, in order to arrange their library/library-like affairs.

Regarding a Digital Bill of Rights: No. Not at all. Our rights do not come from government; they come from our Creator, as our Declaration of Independence acknowledged and still acknowledges. In addition to that, we already have a Bill of Rights; it’s written into our Constitution. That Bill of Rights also is technology agnostic; digital matters are subsumed into it. Declaring an additional set specifically for digital matters, apart from my just above objection, would only dilute that extant and much more powerful set of Rights.

Government-Tech Censorship?

In his op-ed concerning social media censorship, Philip Hamburger, Columbia Law School Maurice & Hilda Friedman Professor of Law, had this:

Amid growing revelations about government involvement in social-media censorship, it’s no longer enough to talk simply about tech censorship. The problem should be understood as gov-tech censorship.

He’s on the right track, but he doesn’t take it far enough, even as he writes this:

The Biden White House has threatened tech companies and federal agencies have pressed them to censor disfavored opinions and users.

That’s the nub of the matter. It’s not gov-tech censorship; it’s Government-directed tech censorship. Nothing less.

Courts and State-Controlled Federal Elections

In Moore v Harper, the Supreme Court is being called on to decide whether State courts can rearrange State elections laws—in particular, write their own Congressional district maps—as these pertain to how a State runs Federal-level elections.

It shouldn’t even be a question. Our Constitution is quite clear on the matter of who is responsible for setting the rules for Federal elections. Here’s Article I, Section 4:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof….

And only the Federal Congress can adjust those Times, Places and Manner. Not State courts, not even Federal courts.

Our Constitution and every State constitution also is clear on the place and role of the court system in our Federal and State governments. The Judiciary branches are coequal with the Legislature and Executive Branches—neither subordinate nor superior to either. Especially, the Judiciary branches are separate from the other two branches; they are not additional legislative facilities.

State courts, including State Supreme Courts, the facility at proximate case in Moore, have no role in setting or adjusting State Legislature-written Federal-level election rules for their States.

One argument that is being pushed on the Supreme Court for allowing State courts to overrule State Legislatures is “the Founders couldn’t possibly have meant no court oversight of State election laws.” This is obviously inaccurate. In the first place, what the Founders meant in our Constitution is what they actually wrote down and passed out of Convention to submit to the people to ratify.

In the second place, what We the People meant when we ratified that Constitution is that written-down, passed out of Convention, Constitution, with a single modification by us. The Federalist and Anti-Federalist debate, which involved a number of folks in We the People, resulted in a commitment to pass Amendments comprising what came to be called the Bill of Rights—the first 10 Amendments—and We the People ratified those Amendments promptly out of the First Congress. None of those Amendments address in any way how an individual State conducts its Federal-level elections.

No court oversight State election laws is precisely what the Founders intended, and it’s exactly the intention of We the People.

Full stop.