awa

§922(g) needs to go away

It is getting bad inside my brain. A couple of articles went past my feeds talking about an arms seizure in MA and straw purchases. I started reading and immediately went to my court sources to get the actual court documents. Rather than trusting what the reporter had to say.

Weapons seizure uncovered Holyoke family’s love affair with illegally obtained firearmsStephanie Barry | sbarry@repub.com, Weapons seizure uncovered Holyoke family’s love affair with illegally obtained firearms, masslive, (last visited Aug. 6, 2023)

It is a shitty picture of some lovely old weapons. I haven’t even attempted to identify any of them.

The box of stripper clips in the foreground is nice, the pile of magazines in the sink is interesting. I would be happy to take all of those off his hands.

Public personas aside, the Augustos stand accused in both federal and state courts for amassing a stockpile of guns ranging from World War II models to semi-automatic rifles and an Uzi. The elder Augusto is not legally authorized to possess any of them due to an old criminal conviction, a lawyer in the case says.
id.

I’ll spare you the search, the Uzi they are referring to is a semi-auto version. There are no NFA items in the collection.

As always, the reporter is trying to induce a panic. Was this a large collection? Yes. If this was in a free state, the actual collection would not have been an issue. In MA, it is unlikely that they had registered all those firearms. Much less the magazines and ammo.

The nature and circumstances of the offense are serious, but include mitigating factors that weigh in favor of the requested below-Guidelines sentence. See 18 U.S.C. § 3553(a)(1). The offense is serious in that it enabled his father, Daniel A. Augusto, Jr., to add to his vast arsenal of hundreds of firearms, ammunition magazines, rounds of ammunition, firearms manufacturing equipment, and firearms paraphernalia. (D.3, at ¶ 5). As even the defendant conceded during his second interview with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), many of the firearms were located outside the safes throughout the house because “it honestly got to the point where there was no room in the safes, so stuff just started going everywhere.” (D.3, ¶ 12(d)).
United States v. Augusto, No. 3:22-cr-30048, slip op. at 3 (District Court, D. Massachusetts)

English is tricky. Were there hundreds of firearms? Were there hundreds of magazines? Were there hundreds of rounds of ammunition? Or did they just lump them all together to get scary numbers? The statement made in the court filing was that there were more than a dozen semi-automatic rifles … in one of the bathrooms …Sentencing Memorandum – #16 in United States v. Augusto (D. Mass., 3:22-cr-30048), No. 3:22-cr-30048

The state is attempting to make it sound horrible, they are attacking this man for not having all of his guns in safes.

… obsessively collected firearms to the point that they could not store them safely.id.

Right now, there are two loaded pistols and a dozen loaded rifles within feet of me that would not be considered “safely stored” in MA. If I still had the grandkid coming over, I’d store some of them differently.
Against this dangerous backdrop, two factors mitigate the defendant’s offense: first, he conducted all of his straw purchases for his father, rather than a stranger; and second, he did not benefit monetarily.
id. at 6

I didn’t know there was a “not for money” clause in the don’t buy guns for others.

… the defendant has recognized that his offenses were serious; they contributed to a highly dangerous situation inside his home; and he is better off never possessing firearms or ammunition again.
id.

This man is going to lose his Second Amendment protected rights because the government is infringing on his father’s Second Amendment protected rights.

I didn’t find what the father was convicted of doing that made him a prohibited person. It is pretty obvious that he has not been doing evil in a long time.

I’m watching the §922(g) cases wind their way to the Supreme Court. I believe that the court is going to spank the government hard. In Heller, in the dicta, they indicated that §922(g) was presumed to be constitutional. They didn’t clarify that “presumed” means, “We didn’t look at it. That is a question for another day.”

There is no historical regulation nor tradition of stripping The People of their right to keep and bear arms because they are not virtuous people. That is what §922(g) does.

This is just an example of how there are intended consequences.

Of note, I’ve not seen a single story come across my feeds of a person being convicted of straw purchases that was a bad person.

Maybe that’s because they are either getting a sweetheart deal OR they are getting so stitched up that they didn’t stack the federal gun crime on top.

There’s a Rumbly in my Tummy

I love that I can trust the left to be an echo chamber. I caught an article in an online rag. They gave me the first two paragraphs, then said, “Pay for more.” I declined.

What I did do, was to use their title and ask Miss Google for links to the article. She obliged and gave me a list of about 20 different rags, all making the same complaint.

This is nothing new. Back in the days of BITNET I discovered an AP Wire feed. I could read the AP Wire just as if I were a real reporter.

One day, a story went by on the wire that I was interested in. That same story was in the University student paper. It was also covered in the big-city newspaper from a few counties away.

In reading the newspaper articles, it was obvious that they both got the base facts from the same source, the AP Wire. It was obvious that the by-line writers added no new facts to the story. The University paper gave a left leaning (Think 45degree lean to the left.), the city paper gave a more right leaning view. Call it about 5 degrees lean to the right. At the time, I would call the AP Wire story to be pretty neutral.

Here’s one of the headlines, “Winnie-the-Pooh book teaches Texas kids to ‘run, hide, fight’ in a shooting.” That is the most neutral headline I spotted.

A teacher from a Dallas elementary school of about 500 students told the Guardian she found the book “terribly disturbing”. She had been given a stack of copies, she said, to give to each child in her class.

“I found it extremely disturbing, and was very uncomfortable with the whole contents of the book,” the teacher said, requesting anonymity.

The teacher added that she was troubled by the distribution of a Winnie-the-Pooh book at a time when Republican politicians in Texas were loosening gun laws.
Stephanie Barry | sbarry@repub.com, Weapons seizure uncovered Holyoke family’s love affair with illegally obtained firearms, masslive, (last visited Aug. 6, 2023)

They also had to tie it back to Uvalde. See, it is never the right time to discuss Second Amendment protected rights. It is always the anniversary of some event that makes it a third rail subject. It is always “too soon” after an event. The only thing you are allowed to do is listen to the preaching of elites blaming you for some assholes evil.

“The fact that people think it’s a better idea to put out this book to a child rather than actually take any actions to stop shootings from happening in our schools, that really bothers me. It makes me feel so angry, so disappointed.

“It’s a year since Uvalde, and nothing has been done other than this book. That is putting it on the kids.”

No, she is absolutely mistaken. The issue is that she will never be satisfied with what is done. Unless the answer is giving up all arms, she’s not going to be happy. If we were to give up all the guns, she would then be advocating removing knives from the subjects/slaves.

They hit all the major talking points, “Texas has some of the most lax gun laws”. Translation, you can exercise your right to keep and bear arms without a government approval slip. As a complete non sequiturs, they add As part of the Republican-led charge towards censorship in schools, meanwhile, Texas has banned more books that address LGTBQ+ issues, race, gender and abortion than any other state.

What the school boards and states allow into the schools has always been within their power. The issue the left has been that now the school boards and state are listening to the parents instead of the left.

Now, all of this noise is just that, noise. Run, hide, fight are the tactics advised by the FBI “should the unthinkable occur”. What all of this upset is really about is that somebody was giving power to the children.

“… the right to keep and bear arms shall not be infringed.” Notice that it doesn’t say “guns”. It says “arms.” While the schools are supposed to be “gun free zones”, they aren’t.

I have had my children report that their teachers keep arms in their classrooms. The schools teach the teachers how to have arms in the classroom that don’t look like arms.

The schools talk about using fire extinguishers as weapons. One teacher kept a baseball bat next to her desk, not that she nor any of her students played baseball. Another had some big rocks on his desk.

All of these exist because a teacher thinks it is better to go hands on with a shooter and beat them to death with a club, rock, or fire equipment. They want their students to see the blood and gore of somebody having their head bashed in. All of that is so much better than two to center of mass and followup shots if the threat isn’t neutralized.

Bibliography

United States v. Augusto, No. 3:22-cr-30048 (District Court, D. Massachusetts)
Stephanie Barry | sbarry@repub.com, Weapons seizure uncovered Holyoke family’s love affair with illegally obtained firearms, masslive, (last visited Aug. 6, 2023)

Friday Feedback

Sorry for the lack of legal analysis these last few days. I have been fighting depression, but I think I’ve finally pulled myself out of it, for now.

Depression for me means it is hard to do anything that isn’t “fun”. Work slows down. Small things stop me from moving forward.

Yesterday included some loud noises, 18 of them to be more precise. The CETME had failure to feed on two rounds. The tip of the round started up the feed ramp and then jammed. The bolt carrier/bolt came over the top of the round and dinged the brass, locking it in place.

Clearing it was trivial, pull the charging handle back into the catch, flip the rifle upside down, the round falls out, slap the charging handle. BANG.

I find it interesting that a 300-500 word rant about idiots writing idiotic things gets more traction than long, detailed analysis of court filings.

Have a fantastic weekend, the comments are open.

When they lose, they attempt to change the rules

The Constitution was written to set the rules of government in stone. It takes an entirely new tact on how to define a government. Instead of saying what the government is not allowed to do, it defines what the government is allowed to do.

Anything that the government hasn’t been given permission to do is reserved for The People or the States.

Many years ago, I owned an ISP. Back when dial up was king. When my partner and I were discussing the terms and conditions, he wanted to make this long list of things that were not allowed. I went the other direction.

“Be good. If you are not good, your account will be terminated. You will be charged for any mess that you leave us to clean up. Cleaning up after spam starts at $2000.”

There was something in there about us being the last judge of what is “good”.

We didn’t have problems with our clients. They got it.

If we had created a list of, then if somebody found Y that they did and we would not like it. They would simply say, You didn’t say we could not do Y, and we would be out of luck.

Our Constitution works the same way. The government was given a limited set of things they were allowed to do. In addition, the founders added a set of “Hell NO!” clauses because they knew the state couldn’t be trusted. That is the Bill of Rights.

Our Constitution is a remarkable document. It created an astonishing country, one I’m proud to be a citizen of.

Of course, when the left loses, they cry. They claim that it isn’t fair, that it isn’t right, that you cheated. If none of that works, they then go to that old standby, changing the rules.

Trump got three justices confirmed to the Supreme court. That was because the Senate stopped filibusters on Supreme Court appointments. That was possible because the Obama Senate stopped filibusters for appointments below the Supreme Court. They were warned, but they did it. A few years later it bit them, and we have Bruen.

Facing a largely ineffective Congress, an overstepping Supreme Court, the rising threat of authoritarianism, and a government seemingly unable to address many of our most pressing problems, a small but growing number of liberal scholars and commentators have been making a strong case against a previously sacred cow: the U.S. Constitution.
Stephanie Barry | sbarry@repub.com, Weapons seizure uncovered Holyoke family’s love affair with illegally obtained firearms, masslive, (last visited Aug. 6, 2023)

Well, isn’t that a kicker. The Constitution seems to be getting in the way of their goals. Maybe because their goals suck.

Among the biggest issues they cite are the amendment process (which makes changes virtually impossible), excessive veto points, the Electoral College, lifetime appointments for Supreme Court justices, a first-past-the-post (winner-take-all) electoral system (rather than, say, proportional representation), and a grossly disproportionate Senate that ensures greater power for the mostly white, more rural small states at the expense of larger ones.
id.

If you look at California’s constitution, you will find a document with 514 amendments. That is quicksand compared to the granite under the Constitution of the United States.

Everything he is complaining about are the things that keep the wolves from voting to have lamb for dinner.

And “RACISM!” is there too.

When you look at election maps, and you see blue states, then look at the county maps and find that most blue states are mostly red by area, with a few very dense blue cities. Those blue cities use gerrymandering to maintain control of the state.

“There’s not just one way to do democracy, but the way we’re doing it now is bizarre,” he told Newsweek, “because it allows people to win victories in the presidency or control the Senate, the House, and state legislatures without actually getting the most votes.”

Yet, the Constitution acts as an impediment to any serious change.
United States v. Augusto, No. 3:22-cr-30048, slip op. at 3 (District Court, D. Massachusetts)

That’s because we are not a democracy. We are a representative republic. The mob doesn’t rule.

“The simplest way to put it is the Constitution was written in 1787, and the framers designed a government for a tiny, primitive, agrarian nation of some 4 million people,” he said. “And they designed a government for their times; not for our times. Government wasn’t expected to do very much back then and they designed a government that couldn’t do very much.”
Sentencing Memorandum – #16 in United States v. Augusto (D. Mass., 3:22-cr-30048), No. 3:22-cr-30048

There it is, they want the government to do more. He has no understanding of living without the heavy hand of the government controlling him. More important to him is that the government will control you and me.

“Our devotion to the framers and to the Constitution [is] a strange custom that if you discovered it in a foreign tribe, you would come back and say ‘This is really odd.'” He added, “The national Constitution is treated really as a sacred book and to talk about amendments is almost blasphemous.”
id.
It’s possible that we’re beginning to see somewhat of a change in public opinion—in part, perhaps, because of the willingness of some to dive into these previously toxic waters, and perhaps because the threats to democracy suddenly seem so very real.
id. at 6

The threat to democracy might seem real, that’s because what this entire article is about is the left not getting their way.

Bibliography

United States v. Augusto, No. 3:22-cr-30048 (District Court, D. Massachusetts)
Stephanie Barry | sbarry@repub.com, Weapons seizure uncovered Holyoke family’s love affair with illegally obtained firearms, masslive, (last visited Aug. 6, 2023)

Washington to assist Illinois?

Just a short one and a heads-up to the people of Illinois.

One of the things that is concerning about the ATF’s pistol brace + AR == SBR (Which the 5th Circuit has paused), is that if you have one, it is illegal without a tax stamp.

Put better, before you can acquire an SBR, you must get a tax stamp from the ATF. Since the ATF has decreed that a pistol brace on an AR-15 pistol makes it an SBR, you are now in possession of an SBR without a tax stamp.

Being in possession of an SBR without having that tax stamp is a felony. The ATF has kindly allowed you to document, in writing, that you are in possession of an SBR without having a tax stamp, and to request that they issue a tax stamp to you.

There is nothing that stops the ATF from turning around and prosecuting everybody that documented possession of an unregistered and untaxed SBR. I.e., turning you into a convicted felon.

Illinois has done similar with their semi-auto rifle ban. At the moment the governor signed the bill into law, the possession of one of those banned semi-auto rifles was a felony. The law says that if you register your semi-auto rifle, you can keep it and not be a felon.

Thus, you must document, in writing, that you are in possession of a banned semi-auto rifle to the state. The state can then decide to just register your semi-auto rifle, or they could decide to prosecute you for possessing an unregistered semi-auto rifle.

On the good news side of this, there is case law out of Washington State that addressed a similar issue. A bad guy was sent before the judge. The judge signed an order that made it illegal for him to possess firearms. The court then ordered him to turn over all the guns in his possession to the police.

He refused. Because the judge made it illegal for him to possess firearms, he would be incriminating himself if he were to turn those firearms over to the police.

Lots of gun nasty happening out there, but we keep making progress.

Tuesday Tunes

A few years ago, this song came across my play list.

I found myself listening to it multiple times, then listening to more of their songs.

Today I had to make a 2.5h trip to pick up my lady, I told Ms. Google to “Play Music” and one of their songs came through the rotation. Again, it was a good song, haunting.

“Mind Blown” — Mrs AWA

As I was reading Justice Thomas’s wonderful Bruen opinion, I noticed the phrase “protected by the Second Amendment”. This is something he says throughout the opinion.

When I started looking for it, I found that when legal people were talking about the Second Amendment, they often (always?) said, “Protected by the Second Amendment” or “Second Amendment protected rights”. Over and over we see this language.

… that they are endowed by their Creator with certain unalienable Rights, …
Stephanie Barry | sbarry@repub.com, Weapons seizure uncovered Holyoke family’s love affair with illegally obtained firearms, masslive, (last visited Aug. 6, 2023)

Our rights are endowed upon us by our creator. They are not granted to us by the State. If the state can grant us a right, the state can remove that right. Almost all arguments about constitutionality revolves around the absolute values of those rights.

The left argues that my right to free speech ends when they are offended. They call it “hate speech”. The sheep and leftists argue that my right to self-defense ends when I might harm somebody else. Listen to the comments on any shooting, and there will be calls for the punishment of the victim because they “didn’t have to kill.” or they “didn’t have to injure” the attacker.

Can you cry “Fire!” in a crowded theater? ABSOLUTELY! You can even do it if there is no fire. You have an absolute right to do so. On the other hand, if your actions cause harm to others. Real harm, not just emotional duress, then you might be liable for those damages.

I.e., if you cry “Gun!” in a crowded theater, and it causes a panic among the people trying to escape and some are injured or killed, you will be held responsible for those injuries and deaths.

Why “absolute”? Because rights have no value if they are not absolute. I absolutely have the right to keep and bear arms. I don’t have the right to murder people with arms. This is the balancing of rights. Their right to live vs. my right to keep and bear arms.

The law works at balancing the rights of the people. They fail most of the time. I have a right to my property. He has a right to life. He loses that right when he attacks me to take my property. (Notice that it isn’t just propriety here, there is violence directed at me).

Which takes us back to blowing Mrs. AWA’s mind this morning.

I said something like, “If the Second Amendment was repealed, it would not affect my rights.” Her response was, “But those are your Second Amendment rights, they would be gone.”

“What rights does the Second Amendment give us?”

“The right to keep and bear arms.”

“Nope, try again.”

“Ahhh, the right to have guns and use them”

“Still wrong.”

“It says it right there, the right to keep and bear arms”

“Yes, it does. But the Second Amendment gives us no rights.”

“Umm”

“Read what it says, “the right of The People to keep and bear arms shall not be infringed”, this is protection for a preexisting right.”

“No. It says it right there.”

“Our rights come from our creator. We are endowed by them when we are created. The Second Amendment protects the right to keep and bear arms, or armed self-defense, which was endowed upon us by our creator.”

“Because it exists outside the government’s wishes and control, they cannot remove it. They can remove the protections, but not the right.”

“Mind. Blown.”

Mrs. AWA was so conditioned to hear “Second Amendment rights” that she lost sight, if she ever had it, of the simple fact that our rights exist outside the Constitution.

Now go forth and remember, they are Second Amendment protected rights, not given rights.