Amy Coney Barrett
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“Since McDonald, the Supreme Court has studiously avoided clarifying the scope of the individual right to keep and bear arms,” Bernstein said in an email. “This led to a fair amount of confusion/inconsistency in the lower courts, but also in some courts basically limiting McDonald and Heller strictly to their facts (i.e., virtually absolute bans on private ownership), which seems to me unjustified.”

[David] Bernstein also noted the legal playing field is likely to get less friendly as President-elect Joe Biden takes office. “Biden will soon be picking judges,” he said. “So, for a while, they aren’t going to have more sympathetic lower federal courts than they have right now.”

The Second Amendment Foundation alone has 40 cases in the courts as of Friday. [Alan] Gottlieb said he wants to present the Court with “a cafeteria plate of cases” to increase the likelihood at least one issue gets through. He and [Adam] Kraut of the Firearms Policy Coalition both said they want to win each case on the merits but are also hoping to get the Court to establish precedents on the legal standard lower courts should use to examine future gun cases.

— Stephen Gutowski in Gun Lawsuits Flood in After Barrett Supreme Court Confirmation

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65 COMMENTS

      • Not amongst the people though, believe it or not.

        (You are certainly correct on the powers that be, however.)

        But I will say there is more support for the RKBA now then there was 30 years ago and there are more gun owners then there used to be as well. Also the vast majority of gun owners now own semi autos and hand guns, believe it is a right to do so. That used to not be the case.

        • “not among the people” you are in an echo chamber. Pro-2nd amendment supporters- by which I mean in the absolute or close to absolute sense- are a very small minority that happens to be rather vociferous.

          But that latter point is the only reason we don’t fully have gun control like Canada or worse

        • I have a strong suspicion that the America we knew prior to 2020 is probably gone forever.

          There was clearly massive election fraud. Half the country now understands that we don’t really live in a representative democracy. The corruption and rot is even deeper than we realized. It doesn’t seem to matter how we vote. The oligarchs and their stooges will flip our votes, or introduce enough fake votes to overrule the voice of the people. The media will walk in lockstep and parrot the lies of the oligarchs. Judges and politicians are too corrupt and/or cowardly to do anything about it.

          Here seem to be the options.
          1. Biden takes office and the deep state gets away with f*cking everyone. Then either
          (A) We fast track our way into global
          satanic marxist hell-hole status.
          (B) The American people get angry enough
          to burn the country down.
          Either way, America gone

          2. Courts and/or state legislatures invalidate the election. This is probably the best, but also least likely option. It too would probably lead to mass chaos, disorder, and large scale bloodshed.
          America as we knew it gone

          3. Trump crosses the Rubicon, invokes the insurrection act and basically declares martial law. Then either he succeeds or fails, and we probably end up with serious bloodshed either way.
          (A) Trump succeeds, tries the criminals, and
          possibly becomes a dictator.
          (B) Trump fails, and the global satanic
          marxists fast track the death of America.
          America as we knew it is gone

          This moment is one of the most precarious our nation had ever seen.

        • Will “interested parties”,aka Gun Owners trouble themselves to get in touch with their U.S Senators. Let’s not forget state and local elected law makers either.

        • Hannibal, my statement isn’t based on TTAG.

          It’s based on actual data and experience with new shooters. The common leftist argument of gun owners being a small number of “fat old white guys” who will soon all die, simply isn’t true. In fact, that argument probably made more sense a generation ago.

          The last 20 to 30 years has seen gun ownership expand, gun rights expand, and a ton of millenials and generation x get into shooting and carrying. It was the result of a combination of factors, including the war, conceal carry, and video games.

          Believe it or not gun rights are actually in a better position today then they were in the “good old days.”

        • “Believe it or not gun rights are actually in a better position today then they were in the “good old days.””

          You bet your ass.

          The two biggest friends the 2A has are ones most gun people don’t think of as a positive influence –

          The first-person-shooter game industry, and Hollywood. FPS games put virtual weapons in people’s hands, and when they get to be legal adults, can finally own one.

          Hollywood insists on making money, and the movies that generate *massive* cash flows are action-adventure movies where the hero rights a wrong and gets the girl with a gun. You cannot underestimate the impact that makes on young adults.

          If Hollywood ever got serious about killing gun rights, they would have to eliminate their biggest cash cow to do it. God Bless Hollywood. Their naked greed (and starlets) ensures continued gun rights… 🙂

        • Exactly. Movies and video games, in combination with the war, created an atmosphere of tons of young men who wanted ARs and glocks. Which is why we are where we are today.

          The vast majority of veterans of Iraq and Afghanistan not only lean right/conservative but are also very heavily pro 2A.

          Many people here will heavily criticize the war, gaming and movies, and they have their merits, but the fact remains the war created a huge swath of younger right leaning men who love guns, and those that didn’t go to war, wanted the guns they saw in movies and their games.

        • “The vast majority of veterans of Iraq and Afghanistan not only lean right/conservative but are also very heavily pro 2A.”

          That’s why the Leftists shouldn’t be dreaming to confiscate all those scary black rifles.

          I’m actually willing to consider putting semi-auto rifles on the NFA and pay the 200-dollar tax, provided it means the AR can actually be an ‘assault weapon’. Re-open the full-auto registry, and you could convince me to register mine… 🙂

      • Last ditch before secession or revolt is nullification. What ever the feds pass that’s unconstitutional the law is null and void determined not by Congress or the USSC, but the states.

        Read Thomas Woods’: Nullification: How to Resist Federal Tyranny in the 21st Century.

    • Yes, you may think piddling street fights between bullies just looking for an excuse to get physical is somehow equal to competent governance of a nation.

      But when it really counts, Typhoid Trump and Kung-Powell strike out.

      As a series of judges have done in the weeks since Trump lost to Democrat Joe Biden, U.S. District Judge Timothy Batten, a Bush appointee, rejected the notion that the president’s supporters could re-litigate the outcome in the courts.

      “They want this court to substitute its judgment for that of two and a half million Georgia voters who voted for Joe Biden,” Batten said in a Monday morning hearing. “This I am unwilling to do.”

      At the same time, a Michigan court was issuing a stinging 36-page order in which the judge took issue with nearly every aspect of Powell’s lawsuit — saying it was filed too late, lacked evidence, and sought from the court an “extraordinary” outcome.

      “This case represents well the phrase: ‘this ship has sailed,’ wrote U.S. District Judge Linda Parker, an Obama appointee.”

      So when will trumps Department of Justice file indictments against Hunter Biden for pedophilia and money laundering, all you folks have told me they’ve got the goods from the laptop so what’s up?

      Is Hillary in prison yet?

      It must be embarrassing for you folks to realize you have been played by a New York City con man who has manipulated you for fun and profit.

      Of course, my celebration will begin when Trump is indicted for election tampering and abuse of office.

      • Waaaaaaaaaaaaaaaaaaaaaaaa!

        Lookie widdle ‘miner’ crying like a punk-ass bitch!

        Keep crying ‘miner’, liberal tears are the sweetest nectar their is… 😉

        • If you received my post as some sort of whining or crying, I have serious doubts about the validity of your perception of reality.

          So is Hillary in prison yet?

          Have you guys charged Obama with any crimes? How about Hunter Biden, how’s that pedophilia and money laundering prosecution going?

          Do you really not understand that all your treasured conspiracy theories are just intentional disinformation strategies, designed to mislead and deceive folks like you?

          It is so sad how easily Trump and the Wall Street oligarchs have fooled you, please accept my condolences.

        • ‘wall street oligarchs’? like zuckerberg, bloomberg, gates, soros, bernie, biden?

          The same wealthy white men that turn their brown shirt antifa loose to burn minority owned businesses?

          miner, they name is fascist.

        • No jaybird, I’m speaking of individuals like trumps commerce secretary Wilbur Ross, Rothchild banker for 20 years before joining trumps billionaire cabinet.

          I am speaking of Kelly Löffler and her husband, who quite literally owns the New York Stock Exchange and uses their inside knowledge to cheat:

          “Sen. Kelly Loeffler of Georgia and her husband, the CEO of the company that owns the New York Stock Exchange, reportedly made an options trade in February that is typically a bet on future volatility.

          The two sold an undisclosed amount of “put” options on companies including Kellogg, Alibaba, Chevron and BP, according to Bloomberg News. The trades generate income via the premium collected in the put sales. They also obligate the seller to buy the stocks back if the shares decline to a certain predetermined price.”

          You rubes are being snookered by Wall Street billionaires, how embarrassing.

        • Your billionaires are good, ours are bad? Talk about being snookered.

          But one of the requirements to be a fascist such as yourself is a general lack of sense.

        • “But one of the requirements to be a fascist such as yourself is a general lack of sense.”

          Consider….

          “Everyone is sure they know what Fascism is: a chauvinist demagogue haranguing an estatic crowd; disciplined ranks of marching youths; colored shirted militants beating up members of some demonized minority; surprising invasions at dawn; and fit solidiers sparing through a captured city.”
          – – Robt. Paxton, Political Scientist

          “The word ‘Fascism’ has no meaning except so far as it signifies ‘something not desirable’ ”
          – – G. Orwell

        • No, all billionaires are not equal.

          Democrat billionaires are not in the government, subverting public policy for fun and profit like Wilbur Ross, Steve Mnuchin, Donald Trump, Kelly Löffler, Elaine Chao, etc.

    • Well, the White House is getting a sparkling new tennis pavilion!

      “First lady Melania Trump’s office announced Monday the finalization of the White House Tennis Pavilion — a tone deaf accomplishment to trumpet amid the ongoing coronavirus pandemic and as the federal government remains locked on providing further economic relief to millions of suffering Americans.

      The project has been in the works since October 2019, when Trump first posted on her social media about the pavilion, sharing a photo of herself, ceremonial gold shovel in hand to break ground.“

      In other news, hospitals in Kentucky are converting their lobbies to ER department to handle the overflow of COVID-19 patients.

      • You mean Kentucky’s Democrat Gov, the foolish Andy Beshear (Democrat) is doing the same poor performance as other Democrats like…. Gov. Mario “Cart them to the Nursing Home” Como (D)…. Gavin “French Laundry” Newson (D)….or Gretchen “My Boat Launches First” Whitmer (D)?

        Fascinating

        • No, I’m saying you folks maintaining that COVID-19 is a hoax are all dying off, even those in Mitch McConnell‘s home state.

          Sure, Governor Beshear has tried to encourage the citizens of Kentucky to stay home, wear their mask and social distance, but why should they when their hero Typhoid Trump and daddy Mitch tell them not to wear a mask because it’s just a political statement.

          Of course, with Covid killing a couple thousand elderly conservatives every day, it turns out it is a self-correcting problem.

        • “Of course, with Covid killing a couple thousand elderly conservatives every day, it turns out it is a self-correcting problem.”

          You’re a sick puck Miner.

          Yet you already know that.

          And don’t care.

        • Maybe miner49er will get Wuhan flu and we’ll finally be rid of a pest. He seems to delight in others getting sick, it would be poetic justice for him to catch it.

        • I take no pleasure in the death of other beings, tomorrow is a special day to commemorate that concept.

          I made a simple observation about the progression of the Covid virus in America, an observation that you folks have castigated as fake news and a democratic hoax, even as hundreds of thousands of Americans have died.

          But really, why should you be concerned about my thoughts on the progress of Covid, you people don’t even think it’s a real pandemic.

          And many of you will not believe until the John Deere is pushing the dirt on your box.

        • We all die, miner. Even you.

          But now our country and its economy is dying. All because of the flu. But then you welcome the destruction of America.

  1. If Biden takes the election, how long until Harris (that is not a typing or mental error) manages to install enough far Left judges to federal benches that it becomes all but impossible for any good case to trickle up to the U.S. Supreme Court?

    Now for the really scary prospect: if Biden takes the election AND both Republican U.S. Senate candidates in Georgia lose their elections, how long before Democrats define 11 justices for the U.S. Supreme Court and take over the Court?

    • Having Leftist-heavy lower courts makes it easy to get cases to the SCOTUS.

      They cannot seat *any* judges if we hold the senate. That’s key…

      “…if Biden takes the election AND both Republican U.S. Senate candidates in Georgia lose their elections, how long before Democrats define 11 justices for the U.S. Supreme Court and take over the Court?”

      Manchin has *claimed* he will not expand the court.

      We’ll see if that comes to pass. If they go full Nazi, *all* bets are off…

      • Please stop the Manchin is there as the last line. Relying on that is like relying on Biden to speak in full sentences.

      • Trust Joe Manchin? He is delusional; Dem’s never said defund the police says Manchin.

        Sunday on, where else, MSNBC Manchin said “The bottom line is, we’ve been identified as something we’re not. …I don’t know of any Democrat that I know of that would ever defund the police. And how that got on as a mantra that’s a Democrat slogan? That’s not true. And how all these other things that seem to be extremes are not true. It’s not who we are. But we were tagged with that. We were, slow, probably, as a party, responding to it.”

        Liar or Fool?

        https://pjmedia.com/news-and-politics/bryan-preston/2020/12/07/sen-joe-manchin-says-no-democrats-support-defunding-police-has-he-met-the-democratic-party-n1196523

        • He is correct, most Democrats don’t want to defund the police, that’s just silly hyperbole.

          Most Democrats would like to see a re-allocation of taxpayer dollars to focus more on appropriate response rather than search and destroy.

        • Miner none of what you come up with is even remotely true. You just make shit up all the time, and have been constantly made out to be the liar you are by multiple commentators here. No one is falling for your garbage except yourself.

        • Ronnie, is there a specific statement or fact I cite that you believe is incorrect?

          If you could give a bit of detail about your complaint I would be happy to respond and perhaps put your fears to rest as to my veracity

        • Wow the irony… I end my post with “liar or fool” and Miner comes running out.

          So to Ron, read carefully what Miner wrote as he is parroting the party line.

          Dems are very good at messaging, unlike conservatives who still call these leftist progressives Marxist Communists… “Liberals”. So allow me to do a translation.

          Miner;… “most Democrats don’t want to defund the police, that’s just silly hyperbole.”

          Translation;… We focused tested ‘defund the police’ and it scored very low.

          So….

          Miner;… Democrats would like to see a re-allocation of taxpayer dollars to focus more on appropriate response rather than search and destroy.

          Translation;… Let’s change ‘defund’ to ‘re-allocation’, ‘police’ to ‘taxpayers dollars’ and add ‘appropriate response’ to the end, because who could argue with that? It’s ‘common sense’.

          Change to policy;… NONE
          .
          .

      • He’ll be president for all of about, probably 100 days, then resign. Either forced or voluntary. The fascist left has no time for an old democrat from the 80s.

        The left loves to eat it’s own when it’s convenient to do so.

  2. First…December 7 Pearl Harbor Day. Part of the war effort was dropping little tin .45 single shot handguns for the resistance to smoke a gun control nazi and take his weapon.

    Second…When you have the 1968 Gun Control Act on the books you have an “Act” rooted in racism and genocide simply because Gun Control is a racist and nazi based agenda…An agenda that needs to be eradicated

    Unfortunately it is not going to happen as long as there are gutless Republican fools who tucked tail after hearing a slanderous, libelous, concocted story about DJT hiring hookers to pee on a bed that the self serving lord marshal b.h. obama and his lovable jack booted wife were said to have slept in. Now with a rigged election the same bunch of cut and run Republicans led by the ratbassturd mitt romney are doing the exact same thing. And then you have the turtle mitch who is becoming known as “Scrooge” for no second round of $1200.00 Stimulus Checks. Of course the media has made sure everyone knows biden supports the second stimulus and he will receive the accolades and the POTUS will receive none even though the POTUS has said he is onboard with a Second Round. It’s probably going to have to happen and waiting around to throw stimulus praise to biden is stupid and typical RINO.

    This assumption that the USSC is now some 2A savior is wishful thinking. Mostly a bunch of sheltered no-counts in robes who probably think a home invasion has something to do with termites and wouldn’t be caught dead holding an AR15 and associating with the deplorables in a 3-Gun Competition. Until the geniuses in high places see Gun Control for what it is expect the stench from racism and genocide to be ignored and forced down the throat of gullible history illiterate America.

  3. There is no doubt in MY mind that if the Democrats win the White House & the Senate, this country will go full socialist, guns gone, free speech gone, freedom of expression gone, jobs gone, bank accounts gone, etc.
    keep your powder dry fellow Patriots.

  4. “The Second Amendment Foundation alone has 40 cases in the courts as of Friday.”

    Wow. Just Wow.

    Question(s):
    – people still send money to NRA?
    – when was the last time NRA had 40 court cases active at once?
    – did NRA launch a total of 40 cases active, at all?
    – is it possible SAF and FPC will lose each case at all levels?
    – then what?

  5. As long as We, the People, fail to accept the truth that our Federal, State and Local Governments are populated by persons whose singular interests are: holding ever-increasing control over us and making themselves wealthy in the process, those persons will continue to try to disarm us. Would-be Tyrants fear an armed, free thinking populace more than anything else. In the United States there are well over 100 million citizen gun owners, while the number of Armed Government-controlled Agents numbers only about 12 million (of which probably more than 40% would refuse to take-up Arms against their compatriots).

    The Founders designed the Constitution to enable us to govern ourselves while preserving our natural rights as Humans and, if needed, defend ourselves, our liberty and our Constitutional Republic from foreign invaders and domestic tyranny. Recently, Victor David Hanson remarked, “…passivity fuels the advent of tyranny…”.*
    I think the Founders knew this very well and planned for our future. The weakness of a free society is that freedoms can be perverted and used to the advantage of tyrants. If you don’t see that is exactly what is happening in the United States today, you are fueling the advent of tyranny.

    *{this statement may not be original with Professor Hanson, but a good point nonetheless}

    • “In the United States there are well over 100 million citizen gun owners,…”

      Realistically, the “100 million” number cannot be validated, and there is no way to establish a reasonable “margin of error”. One might take comfort in thinking the “100 million” is a very low number, but there is no foundation, other than “hope”, for that comfort. And….

      If “100 million gun owners” were defenders of the Second Amendment, skeptical of overreaching government, seriously concerned about maintaining the principles of the founders, we would not be having these conversations. There would be no need for SAF/FPC et. al. “Heller” and “McDonald” would never have reached the SC.

      The harsh truth is that even if we imagine there are 10 million POTG concerned with protecting the Second Amendment, even the majority POTG have priorities in politics that do not place 2A at the top. If POTG were all devoted activists, shunning politicians who are not likewise focused, we would see even fewer elected officials who otherwise support the agenda favored by POTG in other areas. Even POTG will vote for a 2A squish, if the squish will vote for all the other issues POTG find important. Proof? If it were not so, to repeat, we would have even fewer politicians elected who support all of our agenda/principles; POTG would simply refuse to vote.

    • Owning a gun doesn’t make someone a 2A supporter any more than owning a guitar makes someone Joe Bonamassa.

      Face facts — most Americans are too stupid or too ignorant to understand 2A, the Constitution or a Goodnight Moon.

  6. In otherarmed American citizen news:

    “Michigan Secretary of State Jocelyn Benson said dozens of armed protesters gathered outside her Detroit home, chanting and shouting obscenities about overturning the results of the 2020 presidential election.

    Benson said her 4-year-old son was about to start watching “How the Grinch Stole Christmas” on Saturday night when a group of protesters began chanting into bullhorns in front of her house.

    The protesters made “unambiguous, loud and threatening” demands to overturn the election results, which the state certified in late November, she said in a statement.“

    • her 4-year-old son was about to start watching “How the Grinch Stole Christmas

      He should have been watching “How the B!tch Stole the Election.”

      • Another term for ‘illegitimate’ is ‘bastard’. old joe is a bastard president if he ever makes it to the oval office.

        • Oh, you called Joe Biden a bastard, I’m so offended!

          How sad that is all you have, while Joseph Biden will be sworn in as President of the United States on January 20 while Typhoid Trump cowers at Mar-Lago, awaiting arrest by the federal marshals.

        • Learn to read, miner. old joe is not the bastard. His presidency, if allowed to proceed, is.

          More than half the nation do not accept him as president. They watched as the election was stolen from the rightful president.

          This can only end badly. But that is what you are hoping for. Your hatred for America has shown through in too many of your past comments.

        • Sure you did, but your intent was clear.

          The technical term is ‘hidden speech’, all part of the exciting new field of neurolinguistics.

          “old —joe is a bastard— president”

          Oooh, so clever!

          Trump and his representatives have had ample opportunity to present their best evidence in both state and federal courts, and each time they have been weighed in the balance and found wanting.

          And the reason they have not prevailed in court is because the truth is not on their side.

          The kraken turns out to be nothing but a hermit crab scuttling out from under a rock.

        • “Hidden speech’, where a fascist like yourself puts words in others mouths. Doesn’t fly. But you keep thinking you’re clever. The rest of us know different.

        • jwn says:

          “old —joe is a bastard— president”

          Then claims he did not say Joe is a bastard.

          Whereupon jwn falls backward into a pool of his own hypocrisy.

      • You’re as nuts as the “not my president” left whackos in 2016

        Actually you’re more nuts. There’s a big difference between “not my president” and “not the president.”

        But then, a lot of people here have utterly abandoned reality for an alternate dimension where covid magically went away last April (or on November 4th) and literally everyone except trump and his farting lawyer must be in a coverup to steal an election, including the very people Trump appointed federally.

      • See how that works?

        Protesters march into the neighborhood in broad daylight to publicly protest the mayor and hold her accountable at her residence in St. Louis, and they’re called thugs and terrorists.

        But when right wing armed protesters march into the neighborhood and protest at the Secretary of State’s residence late at night, no problem that’s just freedom.

        I love the smell of a double standard in the morning, it reminds me of… hypocrisy.

        • Ralph, I must say I’m surprised at you.

          I would have expected a much more sophisticated response from a barrister of your experience.

          I must say, I’m rather more interested in your opinion regarding the comparison I made, as opposed to your vulgar yet vacuous remark.

        • Miner, you write like a condescending, officious sissy. Do you speak that way too? Just curious…

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