Guns in America

Legal History
B.L.U.F.
A look at the research into the number of guns in America and who owns them. Why the state so desperately wants to shutdown real research into gun ownership and use.
(2800 words)


In 2008, the Supreme Court established the Heller methodology for handling Second Amendment challenges.

The methodology is: Does the proposed conduct implicate the Second Amendment? If so, the burden shifts to the government to establish a history and tradition of analogous arms regulations.

The rogue inferior courts immediately took this to heart. They found that almost all modern-day arms infringements were presumptively unconstitutional. They did this by assuming, without finding. That is to say, the did a “for the sake of argument, we will assume the infringement is unconstitutional”

Once they had made that decision, they then went to a second step, was the government need/want of more importance than the right of the individuals. In other words, was the rape hard enough to be important?

This called “means-end” balancing. The courts would first decide on the level of scrutiny, then they would determine if the state met the level of scrutiny they were using. This meant, that in the rogue courts, The People always lost.

The Heller Court also did a complete analysis of the history and tradition of gun bans in the founding era. They found that there were no analogous regulations. Since the Heller question was regarding a gun ban, that is what they looked at.

They found that there were NO analogous regulations from the founding era. Since there were no such regulations, the modern infringement was unconstitutional.

They expressed this by saying that an arm in common use for lawful purposes could not be banned.

The Supreme Court needed no outside experts, nor did they need briefings on “in common use for lawful purposes.” They used Judicial Notice.

Judicial Notice

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Maryland to make CCW prohibitively expensive

From Fox News:

Maryland bill would ban gun carry for owners without insurance policy of at least $300K

Gun owners in Maryland would be required to buy at least $300,000 in liability insurance or forfeit their ability to carry a firearm under a new bill.

The controversial legislation, introduced by Delegate Terri Hill, D-Howard County, would prohibit the “wear or carry” of a gun anywhere in the state unless the individual has obtained a liability insurance policy of at least $300,000.

“A person may not wear or carry a firearm unless the person has obtained it and is covered by liability insurance issued by an insurer authorized to do business in the State under the Insurance Article to cover claims for property damage, bodily injury, or death arising from an accident resulting from the person’s use or storage of a firearm or up to $300,000 for damages arising from the same incident, in addition to interest and costs,” the proposed Maryland legislation said.

Ever since Bruen made all states shall issue, Blue states have tried to figure out how to legislatively get around Bruen.

This method imposes a financial burden on CCW.

Notice the text, “liability insurance issued by an insurer authorized to do business in the State.”

Maryland may for one or both of two things.

Extremely limit the number of insurance companies that can provide this type of insurance so that almost nobody can get it…

And/or

Make such an insurance policy prohibitively expensive, so people won’t carry.

Imagine you pay a few hundred dollars for training and permit fees, then discover you have to pay another few hundred dollars every month for insurance to carry your gun.

Add another homeowners or car policy cost to many people’s budget and they won’t be able to handle it.

Mandating insurance to exercise a right is probably unconstitutional, but Maryland doesn’t care.

The goal is to stop you from enjoying that right.

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Watch your six

There have been two of these attacks caught on video on the last few days.

 

 

Mobs of teenagers running up behind a lone victim to jump him from behind and beat him up.

Security requires the use of all of your senses.

Pay attention to the sounds around you.

Listen for the sound of people running up behind you.

Try to scan behind you occasionally.  You do it when you drive, do it when you walk.

And carry and be prepared to defend yourself.

Don’t be the victim of some teenage thugs who think jumping and kicking a guy in the head is a game.

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Tuesday Tunes

Do you remember the first album/CD you owned? I do.

My father was into woodworking. He made a beautiful stereo cabinet. He made his own speakers. He brought back two reel to reel tape decks from Japan. We had a good turntable and a good receiver.

I grew up listening to music. Listening to good music. I can still remember playing Peter from Peter and the Wolf as it played on the stereo. I remember listening to Peter Pan and other music/stories.

If I wanted to listen, I could put on the good headphones and lay on the living room floor and bliss out.

I never owned my own turntable. The portable versions didn’t sound good to me. If I wanted to listen to albums, I used The Stereo.

One Christmas, I received my own music. A portable cassette tape deck. Along with the tape deck, I was also given two tapes.


and

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Biden Administration outraged at judicial chicanery to ban presidential candidate from running.

Of course, it does not apply to Trump.

WASHINGTON/CARACAS, Jan 29 (Reuters) – The U.S. on Monday began reinstating sanctions on Venezuela and a Biden administration source said a roll-back of restrictions on the oil industry could be allowed to expire, after the South American country’s top court upheld a ban blocking the candidacy of the leading opposition hopeful in presidential elections.

US begins reimposing sanctions on Venezuela, oil may come next | Reuters

I am surprised that President Maduro has not quipped back about the hypocrisy of criticizing him for Machado while trying to do the same thing to DT.

Oh well, birds of a feather and all that.

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Another J. Kb policy

 

I swear to God, my administration will drop a MOAB on the WEF and then I’ll have KAG hunt down and kill every last surviving member of the WEF and their families.

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More lies, damn lies, and statistics

This is an example of speculative “science” created purely for propaganda purposes:

  1. This is a statistical model and not based on real pregnancy data.
  2. It is not based on validated data about rapes in Tennessee. In fact, the article notes” no recent reliable state-level data on completed vaginal rapes.” Instead, it took national data from a 2016-2017 CDC survey, and then “apportioned” the data according to the FBI Uniform Crime reports percentages. When they do this, they get over 40 thousand rapes in Tennessee for the middle of 2022 through 2023. The key here is that the CDC data has a broader definition of rape than vaginal penetration that could result in pregnancy, and uses some indirect measures (e.g. visits to sexual assault service centers), and includes things like sex while drunk. This is in contrast to the actual TBI data, of a little over 2000 reported rapes per year, or about 2500 if one includes incest and statutory rape. Thus, they overestimate the number of rapes in terms of reported rape by about a factor of 10. They justify this by noting that most rapes are not reported, which is true, but introduces an important level of error.
  3. They also used a cockeyed way of estimating pregnancy rate:

    from the data supplement:

    Rape-related pregnancy (incidence) during abortion ban period = CVR * a * b
    CVR = Completed vaginal rape incidence during abortion ban period (calculated as above)
    a = Lifetime rape-related pregnancy rate, 14.9% (CDC 2016/17)
    b = Ratio of per-rape pregnancy rate to lifetime rape-related pregnancy rate (Holmes et al, 1996)
    Specifically, Holmes et al found a per-rape pregnancy rate of 5% and a lifetime rape-related
    pregnancy rate of 6%; hence we estimate the per-rape:lifetime ratio as 5.0/6.0 = 83%.

There is not really a justification for including the “lifetime rape-related pregnancy rate” in this, but they basically double the pregnancy rate by doing this. It would be more appropriate to just use the per-rape pregnancy rate of 5%.

Now, just as the method they use grossly overestimates the rape incidence, the TBI data underestimates it, since it is true that many rapes are not reported. Nonetheless, this is an unvalidated speculative piece that is meant to overestimate the number of pregnancies for political purposes, in my opinion.

Using the more restrictive numbers of about 4000 rapes in TN over this period, and a 5 percent pregnancy rate, one would get 200 pregnancies. If one assumes that about a third of rapes are reported, then you would get 600 pregnancies.

Thus, the “real” estimate, in my mind would be anywhere between 600 and 5000 pregnancies.


AWA: This was a comment written by hh465 that, I felt, should be promoted to the front page.

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