Category Archives: 14th Amendment

Oklahoma Gov. Kevin Stitt signs nation’s first “anti-red flag” law

I voted for Governor Kevin Stitt. One of the main reasons was his strong stance on the Second Amendment. I haven’t always been pleased with some of his actions but when is a politician going to make everyone happy all the time?

Yesterday, my governor made me very happy. Gov. Stitt signed SB 1081 known as the “Anti-Red Flag Act.”

This bill prevents cities and towns in our state from enacting policies that would allow a court or other entity to restrict gun access to people deemed to be an imminent danger. It is also the first kind in the nation.

The Oklahoman reports that Bloomberg-funded Moms Demand Action for Gun Sense is upset about this, of course. Read that story here.

While I’m all for crazy people not having guns, I whole-heartedly support due process. And I’m also very leery of demorats’ desire for red flag laws. Maybe that’s because their end goal is always to take away our guns.

If interested, read the whole bill here.

DCG

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Enter the Gestapo: R.I Governor Closes State Borders, Searches Private Homes for Non-Residents

Welcom to Rhode Island. Pull pull over and show me your papers.

Rhode Island’s Democrat governor Gina Raimondo has closed the state’s borders and established a draconian set of repressive regulations that would have made Adolph Hitler proud. Now, armed military police man roadblocks at all interstate and major highways leading to into, and out of, the state. Armed National Guard soldiers and State Police officers search door-to-door looking for non-Rhode Island people. Local police drive through residential neighborhoods looking for out-of-state license plates. Armed National Guard soldiers are stationed at the T.F. Green airport, Amtrak train stations and at bus stops. The maximum penalty for not complying: a fine of $500 and 90 days in prison. (Prison time for disobeying a quarantine when actual felons are released by the thousands? What insanity!)

London Plague 1348 “Bring out your dead.”
Nazi Germany 1943: “Hand over your Jews.”
Rhode Island 2020: “Identify the the New Yorkers.”

And three golfers from Massachusetts, where all outdoor recreation has been banned, were arrested when they crossed the border to play on a Rhode Island course that was unrestricted for Rhod Islanders. Everyone who drives into the state is ordered to stop and submit to an interrogation. But Raimondo has an especially severe restriction on New Yorkers, since many have tried to avoid the New York outbreak by fleeing to other states. Raimondo’s order says any person coming into Rhode Island from another state for a non-work related purpose—especially from New York—must immediately self-quarantine for 14 days.

Issued March 28, the order repealed a previous emergency declaration that targeted only travelers from New York State. Anyone who doesn’t self-quarantine as ordered will face a fine, and for subsequent offenses could warrant large fines on top of prison time. Soldiers are relaying motorists’ and other non-residents’ contact information to the state’s health department. Health department workers are calling those people to check on their well-being and if necessary to keep track of any contacts they have had.

The lock down has had some truly bizarre, and quite frankly, frightening effects. It has turned ordinary citizens into spies and informants for the government. It is turned duffers who wanted nothing more than to play golf on an open-to-the public course into criminals.

One week after Massachusetts Governor Charles Baker ordered all outdoor recreational areas to be closedclosed, including golf courses and the rifle range where I shoot, Richmond, R.I. police bagged three golfers from Massachusetts on misdemeanor charges. Police said the three duffers went to elaborate lengths to hide their identities as out-of-towners so they could get in a round of golf at the Meadow Brook Golf Course in town.

Gregory Corbett, 51, Tyler Pietrzyk, 22, and Nye Cameron, 22, were apprehended at a nearby McDonald’s restaurant, where police say the men changed cars to drive to the club in a vehicle with Rhode Island license plates, the Attleboro (Mass) Sun Chronicle reported.

Employees at the McDonald’s ratted them out and called the cops.

Gib Mir deinen Pass!

Cops issued the three men summonses for violating the quarantine when they drove back from the golf course to their vehicles at the McDonald’s in the vehicle with the Rhode Island plates, the paper reported.

“It’s not the most heinous offense, but the reality is that we’re living in a whole different world this month, and it’s important we all follow the rules to keep one another safe,” Police Chief Elwood Johnson said.

The restrictions, however, are not without critics. The local chapter of the American Civil Liberties Union blasted the new rules, objecting to the collection of motorists’ contact information in particular.

“While the Governor may have the power to suspend some state laws and regulations to address this medical emergency, she cannot suspend the Constitution,” Rhode Island ACLU executive director Steven Brown said in a statement. “Under the Fourth Amendment, having a New York state license plate simply does not, and cannot, constitute ‘probable cause’ to allow police to stop a car and interrogate the driver, no matter how laudable the goal of the stop may be.

“The ACLU remains very concerned about the enormous breadth of the governor’s latest directive and its focus on out-of-staters at a time when the state acknowledges that half of Rhode Islanders themselves are not following social distancing rules,” Brown said. “A two-week quarantine solely for the ‘offense’ of coming from out of state, and with no opportunity to contest this demand, is deeply troubling.

“In addition,” Brown said, “targeting out-of-staters like this can only promote a divisive ‘us vs. them’ mentality that encourages vilification of others. We fully appreciate that the state is dealing with an emergency crisis that requires emergency actions, but it should not be at the unwarranted expense of our civil rights.”

Raimondo rebuffed the objections, pointing out that laws change during a state of an emergency, and added that she’s receiving federal guidance from the Trump Administration and legal advice from her administration as she makes these decisions.

“It’s the law,” she said. “We are serious about this.”

 

~ Grif

Checkpoint 13 – Check for contraband Line up the out-of-towners.

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Judge blocks enforcement of LA contract law that takes aim at businesses with ties to NRA

Another example of why it is good that President Trump has been on a roll with appointing judges.

From the AP (via SF Gate): A federal judge on Wednesday blocked enforcement of a Los Angeles law requiring businesses that want city contracts to disclose whether they have ties to the National Rifle Association.

The NRA’s request for a preliminary injunction was granted by U.S. District Judge Stephen V. Wilson (appointed by Reagan) in Los Angeles. It temporarily prohibits enforcement of the measure while the case unfolds. The next step could be an appeal by the city or an NRA request to make the injunction permanent.

The judge also threw out part of the lawsuit on technical grounds and removed the city clerk and Mayor Eric Garcetti as defendants but he refused to entirely dismiss the lawsuit.

The ordinance that took effect in April was passed in response to mass shootings around the country, including a November 2018 attack that killed 12 people at a bar in Thousand Oaks, northwest of L.A. It requires those wanting city contracts to disclose whether they have contracts or sponsorship from the gun-rights group.

“Public funds provided to such contractors undermines the city’s efforts to legislate and promote gun safety,” the law said.

The NRA argued that the measure violates the constitutional First Amendment right to free speech and association and the 14th Amendment right to equal protection. NRA attorney Chuck Michel called it “modern-day McCarthyism” that would force NRA supporters to drop their memberships for fear of losing their livelihoods.

In his ruling, the judge said the city contends that granting contracts to those “with business ties to the NRA invariably creates more NRA membership, which leads to more pro-gun advocacy, laxer gun laws, and inevitably more mass shootings.”

“Even if this chain of logic was supported by fact, the city is not permitted to restrict political speech as a means of achieving its goal of safer cities,” Wilson ruled.

Messages seeking comment from an NRA spokesperson and attorneys for the city were not immediately returned.

The NRA has been battling a number of challenges to its operations in recent months, including an investigation by the attorney general in New York, where its charter was formed, and the attorney general in Washington, D.C., where authorities are questioning whether its operations are in violation of its nonprofit status. Several corporations also have cut ties to the group.

The NRA sued the city of San Francisco earlier this year over a September resolution by the San Francisco Board of Supervisors that declared the group a “domestic terrorist organization.” The NRA alleged the resolution, which had no legal weight, violated the group’s free speech rights. However, it withdrew the suit in November.

DCG

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Congresswoman claims President Trump “trying to use the court system” is “obstruction of justice”

These demorats are just now making up things as they go along.

Congress critter Pramila Jayapal represents Washington’s 7th congressional district, which includes most of Seattle. That might explain how someone this stupid got into an elected office. She obviously didn’t major in law as she has an MBA from Northwestern University and had a very brief career as a financial analyst. She serves on the both the Judiciary and Budget committees.

Let THAT sink in: Someone who serves on the Judiciary Committee states that using the court system is an obstruction of justice.

In the above video, Jayapal claims the evidence was “clear” and was confirmed in “multiple devastating ways for the president.”

Yet of course, she didn’t list one piece of that evidence. Instead she goes on to say, “Trump trying to use the court system” is “obstruction of justice.”

So now exercising your right to a fair trial in court is a crime?

Obviously this congress critter doesn’t believe that due process applies to #OrangeManBad nor does she understand how the three branches of government work.

No wonder these “impeachment proceedings” haven’t had the desired effect demorats had hoped for.

DCG

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California demorat calls for expansion of red flag laws: Employers, co-workers & teachers can petition to take away your guns

California Assemblymember Phil Ting tweeted about his excitement to remove due process for law-abiding citizens, all in the name of “gun safety.”

From his tweet: “My bill, #AB61, which improves gun safety by expanding CA’s #RedFlagLaw, heads to the Gov! If signed, more people can access a court process that temporarily takes away someone’s firearms if they pose a danger. I called for better gun laws at an SF rally: https://www.youtube.com/watch?v=nZ18vDie_70 …”

What #AB61 allows is for employers, co-workers and teachers to petition judges to take away guns from people who are deemed a danger to themselves or others. The bill Ting has proposed had cleared the California Senate.

More details from 13NewsNow.com:

“California enacted a so-called “red flag law” that took effect in 2016. But it only allows law enforcement and immediate family members to ask judges for gun restraining orders. Assembly Bill 61 by Democratic Assemblyman Phil Ting of San Francisco would expand that law.

Ting introduced the bill in response to a November 2018 mass shooting in Thousand Oaks, California, where 12 people were killed. The gunman, Ian David Long, had shown signs of instability to family and friends.

Groups advocating gun rights and civil liberties oppose the bill, which still must be approved by the state Assembly.”

The Thousand Oaks shooter legally obtained his firearm yet had various “interactions” with police and possibly PTSD. In April, a mental health specialist with the crisis team met with the shooter during a previous incident and felt he might be suffering from post-traumatic stress disorder. But after speaking with him, they decided not to detain him under laws that allow for the temporary detention of people with psychiatric issues. So law enforcement had the means to remove his guns but they chose not to.

The summary of the bill states the following:

“Expands the category of persons that may file a petition requesting a court to issue an ex parte temporary gun violence restraining order (GVRO), a one year GVRO, or a renewal of a GVRO, to include an employer, a coworker who has substantial and regular interactions with the subject of the petition for at least one year and has obtained the approval of the employer, and an employee or teacher of a secondary school, or postsecondary school the subject has attended in the last six months and has the approval of the school administration staff.”

Read the whole bill here.

Photo from YAF

DCG

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San Francisco Board of Supervisors declares NRA a “domestic terrorism organization”

Picture from YAF

So now liberals are labeling groups of people “domestic terrorists” because they don’t agree with our politics. Remember, these are the same people who tell us that red flags laws won’t be abused.

The left will stop at nothing to take away our Second Amendment and due process rights.

From Yahoo: The San Francisco Board of Supervisors passed a resolution on Tuesday declaring the National Rifle Association a “domestic terrorism organization” due to its opposition to more stringent gun-control legislation.

The resolution accuses the NRA of not only resisting legislative reforms that its drafters believe would help curtail the country’s “epidemic of gun violence,” but also of “incit[ing] gun owners to acts of violence.”

“All countries have violent and hateful people, but only in America do we give them ready access to assault weapons and large-capacity magazines thanks, in large part, to the National Rifle Association’s influence,” the resolution says.

The resolution also declares the Board’s intent to “limit those entities who do business with the City and County of San Francisco from doing business with this domestic terrorist organization.” It was drafted following a shooting at the Gilroy Garlic Festival last month that resulted in the deaths of three people, according to local Fox affiliate KTVU. (Just disregard the fact that the shooter’s gun was ILLEGAL to use in California; hence HE BROKE THE LAW.)

The NRA responded to the provocation by accusing the Board of seeking to distract from the city’s shortcomings.

“This ludicrous stunt by the Board of Supervisors is an effort to distract from the real problems facing San Francisco, such as rampant homelessness, drug abuse and skyrocketing petty crime, to name a few,” the statement said, according to KTVU. “The NRA will continue working to protect the constitutional rights of all freedom-loving Americans.”

The partisan battle over gun control has escalated in recent weeks due to mass shootings in El Paso, Texas, Dayton, Ohio and, most recently, Odessa and Midland, Texas.

Congressional Democrats and their colleagues seeking the presidency continue to demand universal-background-check legislation. Senate majority leader Mitch McConnell, meanwhile, remains hesitant to endorse any specific legislation but said Tuesday that he would be eager to support any reforms backed by the White House.

———————————

Over at the SF Gate there are plenty of comments regarding the Board’s action. Seems many people are calling for the bureaucrats to worry about cleaning up their own sh*thole of a city before they start their virtue signaling. Some of the comments:

The city is turning into a dump and this is where the city leaders pour their time, effort and attention: Nothingburger proclamations and worthless virtue signaling of the highest order.”

“Oh geez louise. Do something that means something you morons. I am no friend of the NRA but this is useless.”

Unbelievable that these blowhards are wasting my taxpayer dollars on stupid measures. Are you now going to arrest card-carrying NRA Members in SF?”

“Every time I think this city has reached a nadir of stupidity, the Board of Supervisors proves me wrong…”

“How do members of the Board of Supervisors have time for a national campaign against the NRA, when just a few blocks from City Hall there are plenty of people with guns who never passed a background check. Take a look at @SFPDTenderloin tweets to see photos of people who are much more dangerous than the NRA. The Board of Supervisors should focus on doing their jobs and getting the guns and drugs out of San Francisco neighborhoods.

“The Board of Supervisors is itself a terrorist group for doing absolutely nothing and turning this city into a pigsty stinking capital of the world. They should be ashamed of themselves for stealing tax payer money by disguising as a salary. Oh BTW, they just gave themselves a raise next year.”

DCG

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12 Washington state sheriffs refuse to enforce new gun-control law

Ryan Gaydos reports for Fox News, Feb. 11, 2019, that sheriffs in 12, mostly rural, counties in Washington state are refusing to enforce a new gun-control law, Initiative 1639, that was passed last November, on the grounds that it is unconstitutional.

I-1639 is a sweeping measure that raises the minimum age for buying semi-automatic from 18 to 21, requires buyers to first pass a safety course, expands background checks and gun storage requirements.

The sheriffs are from these 12 rural counties: Benton, Cowlitz, Douglas, Grant, Klickitat, Lincoln, Mason, Okanogan, Pacific, Stevens, Wahkiakum and Yakima.

Grant County Sheriff Tom Jones told the Associated Press: “I swore an oath to defend our citizens and their constitutionally protected rights. I do not believe the popular vote overrules that.” Lincoln County Sheriff Wade Magers said 75% of voters in his county voted against the bill and called the new rules unenforceable.

The National Rifle Association and the Second Amendment Foundation filed a lawsuit in federal court arguing the measure is unconstitutional because it violates the 2nd and 14th Amendments of the Constitution and gun sellers’ rights under the Commerce Clause. The suit doesn’t challenge enhanced background checks of or the training requirements.

Tom Knighton of Bearing Arms points out that although Initiative 1639 reportedly received 60% of the vote, it is urban-centered.

Like California and Oregon, a handful of urban centers dominate Washington state. As an example, just one city, Seattle, with a population of 766,893, accounts for as much as 10% of Washington state’s total population.

~Eowyn

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Attritional strategy: Washington state wants to apply ERPOs to minors, prove you have no firearms in the family home

Just another way for the gun grabbers to confiscate guns from law-abiding citizens.

From MyNorthwest.com: Prosecutors in Washington are looking to expand the state’s Red Flag laws to include minors.

Red Flag laws – or Extreme Risk Protection Orders (ERPOS) – are civil orders that allow judges to temporarily suspend a person’s gun rights, even if they haven’t committed a crime, when they exhibit violent behavior that suggests they pose a risk to themselves or others.

Washington was among the first of five states to pass a Red Flag law when voters overwhelmingly approved I-1491 in 2016. Another eight states passed similar laws this year after the Parkland shooting, and four more states are considering them now.

The laws vary by state as far as who can petition the court for the civil orders, with some only allowing law enforcement to file for them, while others allow family members, roommates, people who share children, and some medical professionals to petition the courts.

In Washington, police and family members can petition the courts for an emergency 14-day order to take away a person’s guns. That can be followed with a one-year ban if the court is convinced the pattern of behavior shows the person is a risk to themselves or others.

State law is silent on whether minors can be the subject of an ERPO, but there is an effort to change that.

For the past several months, a legislative task force made up of police, mental health experts, school shooting survivors, the ACLU, and others has been meeting to develop strategies to prevent mass shootings, and it recently released a list of 25 recommendations.

Among the recommendations, clarifying state law to make clear ERPOs can apply to minors.

Prosecutor Kimberly Wyatt with King County’s Regional Domestic Violence Firearms Unit – the only specialized unit in the state that helps other police agencies statewide and family members with ERPOs – believes the orders should apply to juveniles.

“We’ve had that issue come up multiple times, and we’ve been asked around the state by other law enforcement agencies that are struggling with the same issue. To date, I don’t know of any that have been filed yet against juveniles, but we have one particular case where we are making that recommendation to law enforcement right now,” Wyatt said.

In this case, they are working with a school resource officer at a school where a student under 18 is facing charges for a crime, requiring he not have access to weapons to determine if they need an Extreme Risk Protection Order.

“We would file the ERPO against the juvenile because the father has access to firearms in the home, and the father is not being cooperative with law enforcement to confirm that the firearms are out of the home,” Wyatt said.

She said police had tried several times to confirm with the father where the guns are located, but he refuses to comply.

Wyatt said using the ERPO would not be about taking away the father’s firearms rights.

We’re trying to say, ‘Dad lawfully can possess those guns,’ and we would hope that most parents have given law enforcement reassurances where the firearms are. But in this particular case, the father has declined to give any of those reassurances. So we would say that the juvenile could not be in that home with access to firearms. If dad wants to keep the firearms in the home and not share the information, you know that puts him in a difficult position,” Wyatt said.

If the ERPO was served on the child in this case, the dad would then have to choose between proving to law enforcement where the guns are so they know they’re not in the house, or having the child live elsewhere.

Wyatt says overall, they are seeing a lot of success with ERPOs, including another case where they served one to an 18-year-old student in Seattle, who police came to talk to regarding a drug issue and were allowed to search his bag. When school officials and law enforcement searched the student’s bag, they found a loaded gun with the safety off in the backpack.

Wyatt said that on top of the criminal issues there, that the 18-year-old showed extremely negligent behavior with a firearm. That ultimately was why they filed an ERPO against the student, to ensure he could no longer legally buy guns currently legally available.

Those are just some of the examples Wyatt gave lawmakers earlier this month to highlight the importance of ERPOs, and the urgent need to clarify the state law on their use in juvenile cases, as the work group recommended.

The work group also recommended more promotion of the existence of ERPOs and their uses to both law enforcement and the public, and that a second violation of an Extreme Risk Protection Order leads to the permanent loss of a person’s firearms rights.

DCG

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DemoRAT Hypocrite Kristen Gillibrand: “A country that values women wouldn’t allow this”

Gillibrand and Harvey Weinstein

Gillibrand and Slick Willie

By now you’ve heard about the latest Alinsky tactics to derail Brett Kavanaugh.

DemoRATs are working very, very hard at this smear campaign. It’s coming fast and furious thanks to many, many demoRAT operatives. See here and the many posts on Twitchy.

And the RINOs are, of course, succumbing. Arrrrgggggghhhhh!

Another demoRAT working hard at this effort is Senator Kristen Gillibrand. You should see her Twitter timeline – full of sympathy, empathy and disdain for women who are victims of sexual assault and are not being heard because of the evil republican men.

Some examples of her tweets:

  • “We can’t change our country’s culture of sexual harassment and assault if we don’t change our treatment of survivors. A country that values women wouldn’t allow this.
  • By refusing to treat her allegations properly and by playing games to protect Kavanaugh’s nomination, they’re telling women across the country that they’re not to be believed. That they are worth less than a man’s promotion.”
  • “This isn’t just about one incident. It’s about whether we’ll send women who have experienced sexual trauma back into the shadows.
  • “Why don’t they want the facts?”
  • “We’re all better off when women’s voices are heard.”
  • To every survivor out there: I see you. You deserved better, and we will keep fighting for justice.”

You want to know Kristen about women who were sent back into the shadows because of sexual trauma? Listen to what these women have to say:

HYPOCRITE.

All you demoRATs pushing these unverified and libelous stories about Brett Kavanaugh without acknowledging the voiced experiences of Juanita Broaddrick, Paula Jones and Kathleen Willey prove just one thing:

You don’t care about women who are victims of sexual assault ONE BIT. All you care about is POWER.

All you demoRATs involved in this smear against Brett Kavanaugh are HYPOCRITES.

I wonder what Mary Jo Kopechne would have to say…had she been a survivor.

DCG

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People are using an app to report sexual assault anonymously

JDoe app

What could possibly go wrong?

Seems to me that due process is becoming a thing of the past in this #MeToo era.

From NY Post: In the wake of #MeToo, more than 1,000 people have downloaded an app aimed at rooting out repeat sex offenders by allowing victims and witnesses to report the crimes anonymously and join forces against the sickos.

Called JDoe, the free app launched on the Apple and Android app store in April. It works by prompting users to report when and where an incident took place, along with the name of the perpetrator and any details of the crime.

The information is then stored in an encrypted database. Users cannot see the names of other victims or of perpetrators, but the app’s algorithm scans for patterns. If a repeat offender turns up, accusers receive separate notifications along with information on pursuing joint legal action through JDoe’s network of attorneys, if they desire.

There’s no need to wait for other victims to surface, however. JDoe also provides a way for users to anonymously report individual incidents to police or legal services providers.

In either scenario, the accused are not notified through the app that they have been reported.

Company founder and CEO Ryan Soscia, 24, says he began developing JDoe in 2015, shortly after learning that a group of teammates and friends had been assaulted by the same trainer.

“What we [at JDoe] really try to focus on is enabling people to pursue justice together,” Soscia tells The Post. “We’re trying to democratize legal services.”

He describes the app’s identity encryption as something “Edward Snowden would approve of.”

As the app’s user base grows, Soscia plans to develop a map feature that visually displays incident reports. His team is also working on a feature that will alert users if they enter an area with multiple incident reports.

In addition, Soscia plans to grow the app’s survivor-support services such as referrals for mental health care providers. “We’re looking to provide almost a Yelp-like service,” he says.

“There’s power in realizing you’re not alone,” he says. “And that could be powerful throughput for the justice system.”

DCG

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