Gun Rights Are Not a “Culture War” Issue -They Are a Civil Rights Imperative  by James D. Tresmond, Esq.

In their endless quest to obfuscate, deflect, and trivialize, politicians and the media have taken to dismissing the right to keep and bear arms as just another front in the so-called “culture war.” This is a grotesque misrepresentation. To call the Second Amendment a “culture war” issue is to place it in the same category as petty political squabbles over pop stars, social media trends, and other frivolities that occupy the minds of our ruling class. Gun rights are not a “fad” to be debated alongside the latest manufactured outrage of the 24-hour news cycle; they are an unassailable pillar of individual liberty, as fundamental to a free society as the right to speak, to worship, or to seek redress against an oppressive state.

A “culture war” is, at its core, a manufactured conflict designed to inflame passions and distract the public while preserving the status quo. These skirmishes are waged not over principles, but over headlines. The right to keep and bear arms, on the other hand, is not a matter of mere ideological preference. It is the hard-won recognition of an existential truth: that power unchecked by the armed citizen is power inevitably abused.

The history of gun rights in America is not the history of suburban hobbyists or political slogans; it is the history of resistance against tyranny and a safeguard against systemic oppression. During Reconstruction, the disarmed freedmen of the South learned that their “rights” were nothing more than paper-thin promises when met with the iron fist of armed mobs and complicit state governments. Jim Crow laws went hand in hand with disarmament because those who seek to control and subjugate understand that an armed citizen is a citizen beyond their coercive grasp. The Second Amendment has long been the lifeline for those abandoned by the institutions meant to protect them.

Fast forward to the present day, and the lesson remains the same. The smallest minority in the world is the individual, and no right is more fundamental to preserving the autonomy of the individual than the right to self-defense. Those who would trivialize this right - those who would condescendingly lump it in with the day’s political entertainment - are betraying the very notion of civil rights. It is both appalling and unsurprising that the same politicians who wrap themselves in the language of “justice” and “equity” fail to grasp the cruel irony of advocating for an unarmed populace. An unarmed citizen is a subject, not a sovereign. And history has been unrelenting in its demonstration that disarmed populations do not meet happy ends.

This leads us to the so-called “gun rights champions” in the Republican Party - the same party that depends on gun owners every election cycle while treating them as disposable every legislative session. You know the people to whom I’m referring. They know who they are, too. The idea that Republicans can brush off the Second Amendment as a “secondary issue” and still expect gun owners to rally behind them is a delusion of the highest order. How often do we hear that it’s not the “right time” to push for pro-gun legislation? That we must “pick our battles”? That gun owners must be patient while courts slow-walk the most basic affirmations of our rights?

Gun owners are watching. They have seen the betrayals, the half-hearted advocacy, and the gutless surrender to media pressure. And let me assure these cowardly, calculating politicians of one thing: You will not win elections without the gun vote. You will not rally your “base” while treating their rights as an afterthought. And when the time comes for the midterms, when you crawl back to the podiums and make your feigned overtures to the people you’ve spent years dismissing, do not feign surprise when your applause is drowned out by silence.

A politician who treats the Second Amendment as a mere “culture war” talking point is a politician unworthy of office. A party that believes it can ignore gun owners and still win is a party that deserves to lose. And a media establishment that sneers at armed self-defense while enjoying the protection of armed security is a hypocrisy so glaring, it borders on parody.

Gun rights are not a political spectacle. They are not a partisan gimmick. They are the last line between liberty and subjugation, between self-determination and state control. Those who fail to recognize this simple fact will be discarded by history just as surely as those who have sought to erase this right before them.

Onward!

Bobbie Anne Cox will be the guest speaker Bobbie Anne Cox Attorney Bobbie Anne Cox will be the speaker at our Members Meeting on April 26th. She has described Kathy Hochul as an elitist Governor…and her lawless Department of Health. Bobbie Anne is a 2023 Brownstone Institute Fellow and an attorney with 25 years of experience in the private sector. She passionately defends and preserves the Constitution against egregious government overreach, defending citizens against tyrannical acts of heavy-handed government. Are you familiar with the NYS Department of Health (DOH) “Isolation and Quarantine Procedures” regulation?  You should be.  It’s another attack on our liberties by Governor Kathy Hochul and her administration Here is what Attorney Bobbie Anne Cox had to say about it in the American Thinker: “Imagine a land where the government has the power to lock you up because the unelected bureaucrats in the Health Department think that you might, possibly have a communicable disease. They don’t have to prove you are sick. They don’t have to prove you are a health threat to others…and you must stay there for however long they want. No time limit.” “No chance to prove that you aren’t actually infected with the disease. No chance to confront your jailers, see their supposed evidence against you or challenge their quarantine order in a court of law before getting locked up. And they can use law enforcement to help them carry out their forced quarantine… “ Sounds a lot like Red Flag laws (Extreme Risk Protection Orders) where your guns are taken away without “due process of Law.”  You know-that part of those pesky 5th and 14th Amendments that Kathy Hochul and the NY Legislature ignore, at will. Cox went to court and successfully got it struck down before it could become a permanent regulation; it does not exist today. However, the Appeals Court reversed the decision and dismissed the case because the plaintiffs did not have standing…Some of the plaintiffs were NYS legislators and they didn’t have standing!  The DOH is now free to reissue its dystopian regulation. There is nothing stopping the tyranny of the NYS Executive Branch and its unconstitutional DOH, now.  Cox also worked with Lee Zeldin to prevent the unconstitutional gerrymandering of the Congressional lines in New York State by the Democrats.  Cox formed Stop NY Corruption and with help from other members of NY’s Congressional delegation were successful in preventing that shameful political ploy to illegally retake the House of Representatives.  Cox again teamed up again with Congressman Zeldin and together with her organization, Vote NO on Prop One Committee, fought against the radical Dems that run NYS with their dishonest campaign to pass Prop 1. Bobbie Anne Cox has been a David versus Goliath fighter for our rights against the far-left assault on those rights, in New York State.  The Members Meeting will give you a chance to hear her stories, ask questions and develop a strategy to protect all our rights – especially our 2nd Amendment protected rights.                                                  _________________________________________________ Member Meeting RSVP FORM DONATE HERE

Hacking Gun Registries

From 2A defenders’ standpoint, gun registries have been a no-no as they pave an easy path to gun confiscation.   

There is another issue; a digital file (and everything is now digitized) provides an inviting target for hackers.  This was demonstrated last week, when SCOPE wrote about Israel’s gun registry being hacked by Iran - and you can be sure that Iran will not use that information for the benefit of Israeli gun owners.

As further evidence-

In 2012, an interactive map showing the names and addresses of all handgun permit holders in New York’s Westchester and Rockland counties was posted on a newspaper’s website.  The map allows readers to zoom in on red dots that indicate which residents are licensed to own pistols or revolvers. That information could only come from a government registry.

And then there are government ‘oops’ moments.

In 2022, the California Department of Justice (DOJ)'s new Firearms Dashboard Portal was shut down after users realized their personal information, including full names, date of birth and addresses could be publicly accessed.

Gun control hackers now have an inviting new target.

Federal law and ATF regulations require a licensed firearms dealer (an FFL holder) to record various information when they receive a firearm and when they sell / transfer it.  This is information about the firearm (serial number, manufacturer, etc.) and personal information (name, address, etc.) 

These records must be available for ATF inspection during business hours.

To make things easier, there is online software that allows dealers to keep this information in an electronic book.

What could possibly go wrong with having every gun transaction on-line?

In addition, when the ATF inspects the FFL’s files, the FFL downloads the on line file to a thumb drive and the ATF agent leaves with that data; the bulk of the inspection happens back at the ATF office.

Is the ATF destroying these thumb drive records at the conclusion of the compliance check or keeping the information, either on the thumb drive or downloaded it to a central directory?  Is the ATF using this information as a short cut to creating a gun registry— in violation of 18 USC 926 (a)(3)?   

Digitizing the information makes it easier for everyone involved: the FFL; the ATF; hackers; government gun registry creators.

Realistically, there is too much personal information already out-there in the digital universe.  This creates even more targets for potential hackers and could be used directly against gun owners.  The gun grabbers are a part of the political left and we have seen how the left reacts to things of which they don’t approve – like Elon Musk’s Tesla.

The Trump administration and ATF Director Patel need to ensure that the none of the information on the thumb drive is transferred to a permanent file and the thumb drive is destroyed after the inspection. 

Could you fire a gun in space?

From the web site Mental Floss:

Could you fire a gun in space?

Technically, it should work just fine. According to BBC Science Focus, guns don’t require oxygen to fire. That’s because they already have an oxidizing agent in the sealed ammunition cartridge that can ignite the gunpowder. Nor is gravity needed to chamber a bullet: a spring forces that.

It’s not a lack of gravity that poses the biggest problem. Instead, environmental factors might prevent a space shooting. Extreme temperatures could cause the weapon to overheat and malfunction. If the weapon gets too cold, the firing cap primer might not go off; metal gun parts could lose their structural integrity, leading to jamming.

Shooting on Earth	Shooting in Space
Gun will likely function in average temperatures	Gun could malfunction when exposed to extreme hot or cold temperatures
Bullet will travel until gravity overtakes it, typically 1.5 miles depending on caliber	Bullet could travel indefinitely until striking a solid object
Recoil can be absorbed by body	Recoil could propel body backward

Suppose those problems are resolved. If a gun can successfully fire, what would happen to the bullet? If it’s not hitting a target, the shooter may never find out. On Earth, a bullet that doesn't strike a target will eventually be pushed down by gravity. Depending on the caliber and environmental factors, it could travel for well over 1 mile. Because space lacks gravity and its drag, however, there’s nothing stopping the bullet from traveling indefinitely, or at least until it makes contact with a surface.

The shooter would also have to contend with recoil. On the ground, gravity and planted feet help absorb kickback. In space, the astronaut-slash-gunslinger would be propelled backward after firing. This wouldn’t be rapid—probably less than walking speed—but it would put the shooter in motion, and they would need a counteracting force (like thrusters) or the wall of their spacecraft to halt their movement.

Note: Not mentioned – if the bullet flies too close to a large object, it could be deflected by that object’s gravity.  And if it flies too close to a sun it would burn up. 

The Also Rans

SCOPE recently published a list of the 10 Most Egregious Bills currently proposed in the NY Legislature.  There was a lively discussion to establish which 10 were the worst.  There were some deserving runner ups and we wanted you to see some of them.

A360

Requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle. 

Additional requirements for all shotguns and rifles include taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of ammunition safe storage depositories and passing a criminal background check.

A5817

Enhancing sentences for certain offenses involving weapons within 5,000 feet on or near school grounds.

S399 and A199

A Convertible pistol means any semi-automatic pistol that can be converted into a machine-gun solely by the installation or attachment of a pistol converter.  Any person, dealer, firm, partnership, or corporation who disposes of or who transports or ships as merchandise or who disposes of a convertible pistol is guilty of a class D felony.

All semi-automatic firearms are potentially convertible into an automatic, even if the technology does not yet exist. 

S4807

Relates to limiting the acquisition of a rifle or shotgun to one per ninety-day period.

S227 and A1777

A person who intentionally sells, distributes, or disposes of a three-dimensional printed firearm is guilty of a class A misdemeanor.

S4277

The possession of 50 caliber or larger weapons is banned.

S5292

Prohibits the sale of a firearm, rifle, shotgun or ammunition on state property including state and county fairgrounds, and county, city and municipal property.  Designates offense as a class A misdemeanor.

S4388

Prohibits gun industry members from marketing firearms and firearm related products to minors; excepts instances where marketing is geared toward hunting purposes.

A1962 and S3385

Establishes violations for the failure to safely store rifles, shotguns, and firearms in the presence of a minor or a prohibited person; repeals certain provisions relating thereto.

S1985

Requires police officers to take temporary custody of firearms for not less than one hundred twenty (120) hours when responding to reports of family violence.  (was 48 hours)

A2084 and S1289

Establishes the office of gun violence prevention and the gun violence advisory council.

S2547

Establishes a minimum age to possess a firearm.

S1273

Bans openly carries a rifle or shotgun on or about such person.  “Openly carries" means to carry a rifle or shotgun in a manner that renders such rifle or shotgun, or any portion thereof, visible to others.   Exception for hunting.             

A1920

Prohibits entry to gun shows to anyone under twelve years of age.

A5105

A person is guilty of criminal possession of a weapon in the second degree when such person is not licensed as a gunsmith or a dealer in firearms with intent to manufacture and/or distribute such firearms pursuant to section 400.00 of this chapter and, knowing it is a ghost gun, such person possesses a ghost gun.

Since the legislature is in session. We fully expect there will be more introduced that are candidates for the top 10.

Tesla

An online map, decorated with an image of a Molotov cocktail, went live this Monday.  It displayed the names, addresses and contact information of Tesla owners and dealerships and members of the Trump administration. The site is reported as saying that the only way to get off the list is to prove that you’ve sold your car.

Given all the recent terrorist actions against Tesla dealers and owners, this is of genuine concern to Tesla dealers and owners.

Why is it of concern to 2nd Amendment defenders (who don’t own Teslas?)

Also this week, a massive cyberattack on Israeli government agencies and private security firms - allegedly orchestrated by Iranian hackers - has exposed names, addresses, firearm details, and even military and medical information on thousands of Israeli gun owners, raising alarms about national security and the dangers of centralized gun databases.

Anyone identified as a gun owner in Israel is now vulnerable to every would-be terrorist.

Ammoland sums it up well: “The Israeli data breach mirrors concerns that have been raised for years in the United States. The ATF’s database, combined with efforts to track firearm transactions indefinitely, could one day be weaponized against law-abiding gun owners.”

“Gun owners in the U.S. should take this as a cautionary tale. If hostile foreign actors can compromise Israeli security databases, what’s stopping similar groups—or even an overreaching domestic agency—from misusing American gun owner data? The best way to protect gun owners from cyber threats, government overreach, and criminal targeting is simple: don’t maintain a registry in the first place.”

U.S. federal law forbids federal gun owner registries but federal bureaucrats (especially the ATF) have often ignored or worked around the law and created would be gun registries, especially during the Biden administration when they were free from consequences. 80 to 100 million American gun owners must not be put in the same vulnerable position as their Israeli counterparts.

Tesla benefits, directly and indirectly, from mammoth government subsidies and has been the darling of the green new deal.   A few months ago, who would have believed that Tesla would now be the enemy of those same leftists and subject to their acts of terrorism.  If it can happen to tesla, gun owners are even less protected. 

Do you doubt that Iran or China or Russia would love to hack into a list of U.S. gun owners?

In an era of cyber warfare and government overreach, centralized gun registries are a liability. Gun registries put every gun owner in potential danger from anti-gun terrorists, just as Tesla owners are now endangered.

Firearms for Those Under 21

Many Democrat majority states, including New York State, are trying to ban firearm sales to those under 21.  NY Assembly proposed bill A346 tries to do this in NY State and made SCOPE’s list of the “10 Most Egregious Proposed Bills.”

Florida – of all places – passed such a bill a few years ago.  It is being challenged in court by the NRA.

The 11th U.S. Court of Appeals has let stand a Florida statute barring the purchase of long guns by young adults in the 18-to-20-year age group.

However,

Florida Attorney General James Uthmeier won’t defend the law if appealed to the U S Supreme Court!

Uthmeier wrote, “Upon assuming office, I tasked my staff with reviewing Florida’s underlying law and whether it was consistent with the Second Amendment. Notwithstanding CA11’s opinion today, I believe restricting the right of law-abiding adults to purchase firearms is unconstitutional. The Fifth Circuit quite recently reached the same conclusion. If the NRA decides to seek further review at SCOTUS, I am directing my office not to defend this law. Men and women old enough to fight and die for our country should be able to purchase firearms to defend themselves and their families.” (Emphasis added.)

The 5th U.S. Circuit Court of Appeals ruled that a federal law prohibiting those under age 21 from purchasing handguns violates the Second Amendment.  When there is a disagreement between sides, the U S Supreme Court (SCOTUS) has to decide, if appealed and if SCOTUS takes up the case.

The majority opinion in the Florida case said, “The Florida law that prohibits minors from purchasing firearms does not violate the Second and Fourteenth Amendments…because it is consistent with our historical tradition of firearm regulation…During the Founding era, minors generally lacked unrestricted access to firearms.”

“The age of the majority ‘remained unchanged’ in the United States “from the country’s founding well into the twentieth century.” When World War II necessitated lowering the conscription age to 18, states lowered the age of majority too. And, in 1971, the ratification of the Twenty-Sixth Amendment guaranteed the right to vote to individuals at the age of 18. But for much of the first two centuries of our nation, our law limited the rights of individuals under the age of 21, including their purchase of firearms.

The dissenting opinion wrote, “In the absence of historical precedent, the Second Amendment does not allow for a categorical ban on the ability of law-abiding adults to purchase a firearm for self-defense. The majority opinion’s contrary conclusion is hard to understand as anything other than a declaration that Second Amendment rights—alone among all our constitutional rights—start at the age of twenty-one. This conclusion splits with at least three sister circuits. And it is inconsistent with Supreme Court precedent. The Supreme Court has warned us that the Second Amendment is not a ‘second-class right,’ subject to an entirely different body of rules than the other Bill of Rights guarantees. But the majority has read an age limit into the Second Amendment and that amendment alone.”

The dissent continued, “The Commissioner has presented no analogous Founding-era regulation that precluded young adults from purchasing firearms. The record of historical statutes the Commissioner did compile, which does not begin until the 1850s, does not establish a tradition of outlawing all firearms purchases by eighteen- to twenty-one-year-olds. These statutes were passed many years after the Founding…”

It generally takes years for the courts to decide these cases.  In the meantime, we must stop NY A346 from being enacted so we do not have to live under it, until SCOTUS decides. 

Bobbie Anne Cox will be the guest speaker Attorney Bobbie Anne Cox will be the speaker at our Members Meeting on April 26th. She has described Kathy Hochul as an elitist Governor…and her lawless Department of Health. Bobbie Anne is a 2023 Brownstone Institute Fellow and an attorney with 25 years of experience in the private sector. She passionately defends and preserves the Constitution against egregious government overreach, defending citizens against tyrannical acts of heavy-handed government. Are you familiar with the NYS Department of Health (DOH) “Isolation and Quarantine Procedures” regulation?  You should be.  It’s another attack on our liberties by Governor Kathy Hochul and her administration Here is what Attorney Bobbie Anne Cox had to say about it in the American Thinker: “Imagine a land where the government has the power to lock you up because the unelected bureaucrats in the Health Department think that you might, possibly have a communicable disease. They don’t have to prove you are sick. They don’t have to prove you are a health threat to others…and you must stay there for however long they want. No time limit.” “No chance to prove that you aren’t actually infected with the disease. No chance to confront your jailers, see their supposed evidence against you or challenge their quarantine order in a court of law before getting locked up. And they can use law enforcement to help them carry out their forced quarantine… “ Sounds a lot like Red Flag laws (Extreme Risk Protection Orders) where your guns are taken away without “due process of Law.”  You know-that part of those pesky 5th and 14th Amendments that Kathy Hochul and the NY Legislature ignore, at will. Cox went to court and successfully got it struck down before it could become a permanent regulation; it does not exist today. However, the Appeals Court reversed the decision and dismissed the case because the plaintiffs did not have standing…Some of the plaintiffs were NYS legislators and they didn’t have standing!  The DOH is now free to reissue its dystopian regulation. There is nothing stopping the tyranny of the NYS Executive Branch and its unconstitutional DOH, now.  Cox also worked with Lee Zeldin to prevent the unconstitutional gerrymandering of the Congressional lines in New York State by the Democrats.  Cox formed Stop NY Corruption and with help from other members of NY’s Congressional delegation were successful in preventing that shameful political ploy to illegally retake the House of Representatives.  Cox again teamed up again with Congressman Zeldin and together with her organization, Vote NO on Prop One Committee, fought against the radical Dems that run NYS with their dishonest campaign to pass Prop 1. Bobbie Anne Cox has been a David versus Goliath fighter for our rights against the far-left assault on those rights, in New York State.  The Members Meeting will give you a chance to hear her stories, ask questions and develop a strategy to protect all our rights – especially our 2nd Amendment protected rights.                      _________________________________________________ Member Meeting RSVP FORM

Beware of Pit Bulls in Bed

Tennessee: Pit Bull Accidentally Shoots Its Sleeping Owner

Read the comments, too!

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A NY City resident, Joseph Garofalo, applied for two licenses to possess and purchase firearms: one for a Premise Residence handgun license; one for a rifle/shotgun license. The New York Police Department (“NYPD”) License Division denied both applications. The rationale for denying him was that Garofalo lacked the needed “good moral character” to have a gun.  He appealed the denials and lost both appeals.

Mr. Garofalo had some issues in that he had previously violated a protective order and been arrested for domestic abuse.  He was never convicted of any crime and he did not disclose any of this on his application.

The NY Police Department denied his permit on the basis that Garofalo did not disclose this negative information on his application.

Garofalo sued NY City claiming that NY City violated his Second and Fourteenth Amendments and that the law is “arbitrary and capricious.”

New York City has settled the case and agreed to pay $10,001 to Garofalo.

Why did NYC settle?  Did NYC believe it would not win the case and that it could destroy the entire law?  NYC doesn’t admit any wrongdoing in the settlement, meaning the law can continue.

It could also have been settled because defending it was more costly than settling.

This might be a good sign that the anti-gun left believes the law on “good moral character” can be overturned.

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You have probably saw or have seen something about the Democrats’ actions during President Trump’s address to a joint session of Congress.  It could have been worse.

In Serbia’s parliament, opposition lawmakers unleashed smoke bombs, flares, and tear gas causing three injuries.  (Opposition lawmakers are the Serbian equivalent of Democrats.)

A Few Lawsuits and Things

SCOPE sent an E mail reminding people about the SAFE Act.  A sharp-eyed SCOPE member caught an issue:

The footnotes contained the statement: A shotgun is considered an “assault weapon” if …

It should have said: a   semi-automatic shotgun is considered an assault weapon if…

Oops.  My bad!

F Y I about this case: A Western District of New York federal court made a decision to stop the 7 round limit in a magazine but that did not cover all of NY State. 

But when NY Attorney General Letitia James appealed it to the federal 2nd Circuit and lost, that extended the decision to ALL of NY State since the 2nd Circuit covers ALL of NYS. 

A Circuit Court decision is binding precedent for lower federal district courts in that circuit; they are required to follow it.

Latetia James seems to appeal every negative gun decision but sometimes those appeals bring negative consequences - to her way of thinking.

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The Concealed Carry Improvement Act (CCIA) has generated so many lawsuits that it is difficult to keep track of them.  Here’s an update on one of them.

The Christian v. James lawsuit challenges CCIA’s banning firearms on all publicly accessible private property without the express consent of the owner.

The Western District of NY delivered judgment against NY State, in January. Western District of New York is a part of the 2nd Circuit Appeals Court.  As usual, New York’s Attorney General Letitia James appealed the decision to the 2nd Circuit because she uses bottomless taxpayers’ pockets to defend the indefensible though multiple layers of appeals.

So, the lawsuit sits waiting to be heard in front of the 2nd Circuit

Firearms Policy Coalition (FPC) filed its answering brief with the federal Court of Appeals for the Second Circuit.  The brief cites the U.S. Supreme Court’s decision in Bruen: New York’s ban “…cannot be reconciled with the historic principles underlying the Second Amendment.”

And yes, we are talking about the same Western District and 2nd Circuit that were featured in the first section of this e mail.

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In 2021 the National School Boards Association (NSBA) sent a letter labeling parents as ‘domestic terrorists’ subject to the Patriot Act if they speak up about their kids’ education. Attorney General Merrick Garland responded by directing the FBI to get involved?

Local school board issues became a federal case?  Speaking out at a school board meeting made one a domestic terrorist?

Was this just an oddity or a trend in the late and unlamented Biden administration?  Judge by the below.

An anti-terrorism briefing was held at Fort Liberty (Formerly Fort Bragg) where they listed several anti-abortion (Pro-Life) organizations as “terrorist groups.” The organizations labeled as terror groups include National Right to Life and Operation Rescue. These organizations were listed as participating in terrorist activities included opposing Row v Wade, demonstrating and protesting, “Truth Displays,” and picketing. (Forget those pesky 1st Amendment protected rights.)

Whatever position you have on abortion, labelling anti-abortion groups as terrorist groups was government ‘lawfare’ against organizations of which it disapproves.  So, labelling parents speaking out at school board meetings as terrorists was not an aberration in the Biden White House.

If they could have gotten away with this, do you doubt that 2nd Amendment defense organizations would have been next to be labelled terrorists.