FILE - In this March 5, 2019, file photo, California Attorney General Xavier Becerra speaks during a news conference in Sacramento, Calif. President-elect Joe Biden has picked Becerra to be his health secretary, putting a defender of the Affordable Care Act in a leading role to oversee his administration’s coronavirus response. (AP Photo/Rich Pedroncelli, File)
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California Attorney General Xavier Becerra (AP Photo/Rich Pedroncelli)

By Larry Keane

President-elect Joe Biden is taking an early turn to the far left with his nomination of California Attorney General Xavier Becerra to take over the Department of Health and Human Services.

That nomination would put a firebrand gun control collaborator at the helm of the nation’s leading health organization delivering services and support of scientific advances in medicine, public health and social services. This is a harbinger that the federal office that employs 80,000 and has a $1.3 trillion budget will be used to push an antigun ideology over science.

Attorney General Becerra’s nomination means the the next four years will be an administration pushing firearm ownership as a public health crisis and using the cover of a national health emergency to trample on Constitutional rights.

Attorney General Becerra’s public career started in California, working as a deputy attorney general for California’s Department of Justice before he was elected to the State Assembly, then to the U.S. House of Representatives from 1993-2017. He left Congress when he was chosen by California Democratic Gov. Gavin Newsom to succeed U.S. Sen. Kamala Harris as California’s Attorney General.

California Gun Control Parade

When it comes to gun control, California’s jockeying to lead the parade with Attorney General Becerra as the drum major waving the giant stick. He’s embroiled in two lawsuits challenging California gun control laws that could have national impacts.

high large capacity magazines

The first is Duncan v Becerra, a case challenging California’s ban on standard capacity magazines, or what the state labels “large capacity magazines” (LCMs). In 2000, the state banned the sale of new magazines capable of holding more than 10 rounds, but a 2016 voter initiative called Proposition 63 made possessing those magazines purchased before the ban illegal. U.S. District Court Judge Roger Benitez blistered the law in his ruling that it’s unconstitutional. The U.S. Court of Appeals for the Ninth Circuit upheld Judge Benitez’s ruling earlier this year.

Another high-profile challenge to California’s onerous gun control laws is Miller v Becerra, a case that challenges the state’s nearly 20-year ban on modern sporting rifles, or what they knowingly mislabel “assault rifles.” That case, too, was brought before Judge Benitez who ruled the law was unconstitutional. Attorney General Becerra also appealed the case to the U.S. Court of Appeals for the Ninth Circuit, where it was denied a motion to dismiss the case.

That’s Not All

Attorney General Becerra’s fights to place stumbling blocks in the way of lawful firearm ownership don’t just involve modern sporting rifles and their magazines. He’s also defending a law that requires universal background checks for ammunition purchases. California passed a law requiring background checks for ammunition sales, which was challenged by U.S. Olympic Gold Medalist Kim Rhode.

The case, Rhode v Becerra, challenges the burdensome regulation that was fraught with inaccuracies and outages. Judge Benitez thrashed that law and issued a preliminary injunction to stop the state from enforcing the law. Attorney General Becerra again appealed to the U.S. Court of Appeals for the Ninth Circuit and won a stay against the preliminary injunction while the case awaits hearing there.

Attorney General Becerra also led the defense of California’s slow-motion handgun ban. In Pena v Horan, a challenge to California’s Unsafe Handgun Act that bans handguns in common use for lawful purposes. That case was appealed to the U.S. Supreme Court, but denied review last summer, along with nine other firearm-related cases. He also defended the law in NSSF v State of California, filed in 2014 that went to the California Supreme Court, the state’s mandate to incorporate microstamping technology for firearms that doesn’t exist.

In 2007, California gun control advocates knew they couldn’t outright ban handguns, so they put a condition on their approved sale. They would be required to incorporate technically unfeasible microstamping technology, that would make identifying marks on two places of each cartridge casing fired from the firearm.

ammunition microstamping
By Microstamper at en.wikipedia, CC BY 2.5, Link

The state’s Department of Justice created a list of “approved” handguns that’s only shrunk. They haven’t added a new semiautomatic handgun since 2013, when then-Attorney General Kamala Harris triggered the law. A new law passed in California last session only speeds that shrinking roster. The new law calls for three handguns to be removed for every new one added.

The Wrong Prescription

The problem with Attorney General Becerra leading the nation’s health agency is that any issue he finds politically unfavorable can be labelled a public health crisis and be used to justify unprecedented restrictions on constitutionally-protected individual liberties. Gun control advocates have been trying to do this for years, as if criminal activity could be cured with a pill.

Thinking this wouldn’t happen would be foolish. The evidence abounds that this not only could happen, it has and is happening. The COVID pandemic saw governors order firearm retailers and ranges to close, reversing course only after threats of lawsuits, or their orders were tossed out by judges.

Democratic Govs. Gavin Newsom and Andrew Cuomo trampled on religious liberties by attempting to block people from attending services at churches and synagogues. They didn’t stop until the courts told them, and even then, they’re grousing that they’re the authority.

They’re neglecting that they are accountable to the people. That’s us. Don’t expect Attorney General Becerra to be any different at the Department of Health and Human Services. He’ll make you swallow the gun control pill and it will come in one color. Blue.

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  1. I don’t think anybody who matters has ever been in any doubt about what a Biden administration has planned for 2A rights. The details of how they plan to gut the Constitution are kind of irrelevant if he gets in.

    • Not if the senate doesn’t flip.
      As deplorable as the two R candidates are in Georgia, they’re better than the alternative.

      Of course, being stuck constantly choosing the lesser evil has left us in a situation where the mental patients get to vote on how the asylum gets run.

  2. Believe me, people. We do NOT want this wingnut posing as an attorney to be given any office outside of California. We’re already working overtime to contain his rabid crazy.

  3. Creating public health crises was at the core of Obamacare. Once every aspect of human existence becomes a matter of public health, there are no limits to government control of the populace.

    If you want government-provided free healthcare, you must not violate rules of health safety. So, you want treatment for any health matter? Follow the rules. There will be no healthcare available outside the government system. When you are denied healthcare for your special needs child, and cannot obtain it anywhere else in the world (see: Hilarycare), you will give up your guns. Comply, or die.

    • Since when have the rich and/or politically powerful ever had to follow the rules that normal people have to follow. The rich can afford to keep a physician on retainer and even seek treatment in another country. The same applies to firearms as well. Whatever firearms their bodyguards want they can get. Even the full auto stuff.

      • “The rich can afford to keep a physician on retainer and even seek treatment in another country.”

        Find a copy of Hilarycare. In it you will find about 100 references to coercion to enforce the prohibition of going outside government healthcare, of going abroad for medical treatment. With “Medicare for All”, private healthcare will be obliterated (except, perhaps, for the elites you mentioned).

        Obamacare sought to make every human interaction a health issue regulated by the government. There are no limits to what government may determine is “health safety”. It is not a simple accident/unintended consequence that “gun violence” is being discussed as a health crisis.

    • Yeah, Obama is going to deny you healthcare coverage for your special needs child!

      Oh wait, Obama hasn’t been president for four years, it’s that guy Trump now, he’s much better than Obama, right?

      “Researchers from the University of Pennsylvania and Johns Hopkins University say that proposed changes to the health care system under President Trump could have a profound effect on people with disabilities, according to an editorial published yesterday in The New England Journal of Medicine.

      Of particular concern is how a proposed restructuring of Medicaid could affect Americans with autism and the people who care for them.“

      • 49 IQ…You and your toilet paper propaganda shows how pathetic you are…
        Your admiration for b.h. obama says a lot about you. I mean lint licking a guy who launched his political career from the home of the communist terrorist Bill Ayers is insane when Ayers is a nutcase who advised his followers to kill their own parents.
        Most people hear some pos tell them to waste their own parents they get far away from that pos but not b.h. obama. He allows himself to be mentored by such insane filth… And you think you have a podium to criticize others…C’mon man…adjust your meds.

        • When ‘Debbie W’ dresses in drag and goes out to the shows, she competes as ‘Tammy WhyNot’.

        • “Obama wasn’t that bad of a president. Actually I’d like for him to be America’s president again”

          You mean the president that knowingly allowed a fraudulent document to be seeded within the Intel community and media in order to spy on a political rival, and then an incoming administration, then allow it to snowball for three years into a long drawn out investigation for the sole purpose of taking out a political rival? You think that guy wasn’t bad?

      • I don’t give a rat’s ass what the Johns Hopkins School of Concern Trolling said *might* happen if we dare to question some sacred government program.

        You and all your fellow progtards in the “party of science” don’t follow the scientific process at all — you worship a cargo-cult caricature of it. If it looks vaguely sciency and some High Priest of Progress in the Church of Scientism (because Scientology was already trademarked) tells you that it’s what all good people should believe, you’ll all bow down and worship.

        • I am reading your rant and it seems really vague and nonspecific.

          Would you please give a bit more info about a particular concern you have, that would certainly make it much easier to reply with a reasoned and rational response, thanks!

        • Nope. Your own behavior would provide more than enough specific examples — if only you had the self-awareness to recognize them.

  4. Only hope for peace would be SCOTUS handing down a sweeping smackdown to all the various forms of gun control, wrongthink, thoughtcrime, and unconstitutional bullhockey the far left has been pushing.

    So don’t hold your breath.

  5. As long as the new ‘Creepy Joe ””Leadership/Admin/Regime can keep money and food in the general public’s hands and stomachs I’m not worried about armed conflict or intense civil disobedience, whatever that form is.

    However, if the ATMs run empty, bank holidays declared, and the local grocery store distro centers can’t supply then there is going to be conflict.

    My point is that the above will multiply the anger ten fold if new anti-gun laws are enacted.

    I doubt the dynamic duo of Joe and Harris really understand what a tightrope is being walked.

    Xavier is a zealot.

    • “I doubt the dynamic duo of Joe and Harris really understand what a tightrope is being walked. ”

      Never presume that heavy-handedness indicates a lack of understanding, knowledge, intent, determination and cunning. These people are serious revolutionaries; unintended consequences are part of the plan.

    • “Democracy is the theory that the common people know what they want, and deserve to get it good and hard.” HL Mencken”

      There’s a thought.


    Some-fucking-how, this pile of shit is the guy to run Health and Human Services?!!!!!!

    Those Maoist Pigs At The Trough are just rubbing in our face how they stole this past election. Turn the Medical Community into the STASI as well.

  7. To clarify re Duncan, that case is still pending an en banc request by AG Becerra, and the stay of the injunction overturning the magazine restrictions remains in place. I doubt that we will see any movement in that case before the end of the year. There is no actual time deadline for the Ninth to rule on whether to order en banc review, and the longer the court takes, the longer the mag limits remain in place, and the longer it takes to get to the Supreme Court if the Circuit were to be inclined to reverse. And even if en banc is granted, it will likely take the Circuit a year or two to issue a decision (as seems to be the norm in 2A cases).

    • “There is no actual time deadline for the Ninth to rule on whether to order en banc review,…”

      Can we get a friendly 9th circuit judge (like Benitez) to impose a time limit on review?

      • “Can we get a friendly 9th circuit judge to impose a time limit on review?”

        Probably be appealed to an en banc review.

  8. Further, Miller has NOT been decided in the trial court. Rather, Judge Benitez denied a motion for preliminary injunction and set an expedited trial date for January 21, 2021. Although if the State loses, there will most certainly be an appeal to the Ninth. This case is years away from any potential SCOTUS review.

    To add a comment, the essence of the State’s argument in favor of the AR ban is that ARS are “like” M-16s and M-16s being solely available for military use, ARs are not protected by the 2A for use by civilians. It also argues that “features” bans (thumb hole stocks, pistol grips, forward grips, flash suppressors make the guns more controllable and therefore “more deadly.” Threaded barrels may be regulated on pistols because they allow mere civilians to attach flash suppressors and silencers, and both make the firearm more deadly because it is harder to perceive the shooter. And such other nonsense.

    • From people whose total of firearms knowledge comes from movies and TV. And they weren’t watching Mythbusters because it was too scientific for them.

      • Too true, but then, it is hard to defend the indefensible nonsense the Ca Legislature enacts. On the other hand, a “features” ban such as we have here in CA (and the 1994 federal ban) makes sense when it is recognized that it is hard to establish that a .223 is somehow more “deadly” than any larger rifle round from .243 on up, so they focused on those things that make an AR “different” from a wood stocked bolt action gun and banned those features. Fortunately, Judge Benitez is too well informed to be fooled.

  9. I’m extremely proud of my new Health and Education Czar, Xavier Macarena. And yes, he BELIEVES in the science!

    • Indeed! His unquestioning faithfulness, total loyalty, and obedience to his scientific masters is an example to us all!

  10. This is a case of words mean little…actions mean lives. Regardless of which side you are on. Unless you’re willing to comply in which case you never really had the Right to begin with. You had permission.
    “If a man hasn’t found something he will die for, he isn’t fit to live.” ― Martin Luther King Jr.

  11. would put a firebrand gun control collaborator at the helm of the nation’s leading health organization

    Dude, I don’t want to rain on your parade, but they just chose a firebrand gun control collaborator for Vice-President, and the somewhat more milquetoast gun control collaborator they chose for President looks like he might tip over in a stiff breeze.

    • Speaking of kameltoe does anyone finds it odd that she’s been totally out of the picture of late. Not typical behavior for someone who who plans on being president in the near future. Then again it fits the old look here at Biden while behind the curtain the real leader is pulling the strings. When Biden’s health crisis hits she can ride in and save the day with a bold new plan.

      • She’s been around but they told her to shut up and be the good girl. Mostly because the more she opens her mouth, the less people like her.

  12. Here’s someone who cares about the health and welfare of those serving America, unfortunately Typhoid Trump is missing in action on this issue.

    “By WSAZ News Staff
    Published: Dec. 8, 2020 at 10:08 PM EST|Updated: 15 hours ago
    CHARLESTON, W.Va. (WSAZ) – President-elect Joe Biden on Monday night reached out to Sheryl Johnson, the mother of fallen Charleston Police Officer Cassie Johnson.

    Charleston Mayor Amy Shuler Goodwin shared that news, just hours after Officer Johnson was laid to rest after a Hero’s Funeral Service at the Charleston Coliseum and Convention Center. Goodwin said Biden had called Sheryl Johnson.

    The nearly two hour funeral Tuesday afternoon brought out law enforcement officers from Charleston and beyond, as well as many members of the community.

    Officer Johnson died last week after being shot in the line of duty while responding to a traffic call on Garrison Avenue.”

    • If your boy is ‘reaching out’ to any female, it’s with the intention of providing her with the infamous Biden ‘rub and sniff’…

  13. Biden is not ‘president elect’. President Trump has not conceded and the Electoral College has not voted yet. There are still court cases to be adjudicated also. The MSM ‘does not’ elect the president…

    Don’t allow yourselves to be indoctrinated by the media BS. Next some will be admitting they own ‘assault guns’…

  14. So Your fucked, now what are You going to do about it, not a gawd damn thing but bitch and complain and hope some lawyer fixes it.

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