Archive for August, 2017

After Charlottesville, the First and Second Amendments Are Under Fire – National Review

A very strange thing has happened since last weekends dreadful violence in Charlottesville. White supremacists used virtually every form of weapon except guns, yet somehow the Second Amendment is now under fire. Even worse, those who lawfully exercise the right to keep and bear arms now have fewer defenders when they also choose to speak.

It started with Virginia governor Terry McAuliffe. In remarks that were oddly enough edited out of a New York Times article, McAuliffe claimed that 80 percent of the people here had semiautomatic weapons. He further asserted that militia members had better equipment than our state police. He also said that white supremacists had weapons stashed around the city.

The Virginia state police disputed the governors claims, stating that theyd specifically looked for weapons stashes and no weapons were located. Further, they assured the public that they were not outgunned by militias. A spokesperson said the police were equipped with more-than-adequate specialized tactical and protective gear for the purpose of fulfilling their duties to protect the people present at the protests.

No matter. Claims that gun-toting militia members had somehow chilled free speech rocketed around the Web. Yet who, exactly, was deterred from speaking last weekend? Not only were people speaking, they were shrieking, chanting, yelling, and arguing. Few were deterred even from brawling.

Then, yesterday, a more significant shoe dropped. The Wall Street Journal reported that the American Civil Liberties Union will no longer defend hate groups seeking to march with firearms. In other words, the groups anti-gun stance is now directly influencing its First Amendment advocacy. Its executive director, Anthony Romero, told the Journal that the decision was in keeping with a 2015 policy adopted by the ACLUs national board in support of reasonable firearm regulation.

For all its flaws and inconsistencies in other areas, the ACLU had been one of the last well-resourced national legal organizations that were truly non-partisan in defending First Amendment freedoms such as the right to march and speak in Charlottesville. Indeed, a local ACLU chapter had defended the alt-rights liberties at that very protest. But now the ACLUs message was clear: lawfully exercise Second Amendment rights, and well turn our backs on your First Amendment freedoms.

The law already prohibits true threats, and there are an array of legal restrictions on the place and manner of bearing arms depending on the jurisdiction and location. Under existing precedent, groups that engage in threats or violate local firearms laws face severe legal consequences. The ACLUs position, however, is that it will not represent a category of organizations that are completely compliant with the applicable laws.

The ACLU is a private organization, and it has complete discretion to choose its clients, but its action reveals the extent to which arguments about civil liberties are becoming dangerously partisan and short-sighted. The ACLU has enjoyed an enormous surge in membership and donations since itpositioned itself as the law firm of the #Resistance, but a number of these new members are completely ignorant of the organizations traditional First Amendment work and were furious when they found out the ACLUs role in protecting the alt-rights constitutional rights.

Thus, yet another negative result of last weekends deadly violence is that both the First and Second Amendments are under increasing cultural pressure. Rather than focus on the actual violence that caused so much pain and harm last weekend, activists are renewing calls for so-called hate-speech restrictions, and theyre increasing demands for restrictions on the right to bear arms. The ACLU is a key pressure point. Rights that dont enjoy a robust defense are not rights at all. The Constitution is not a self-executing document.

At this point, the gun-rights debate is almost beyond the reach of facts. A weekend that was notable mainly for an act of vehicular terror has become a pretext for discouraging the exercise of Second Amendment rights. Sadly, our First Amendment debates are racing in the same direction. All too many Americans seek the power to suppress and shame more than they cultivate the ability to rebut and persuade. Alt-right drivel isnt a threat to the constitutional experiment. A culture that values censorship over debate, however, is.

And lest we think these categories are easy, and that its possible to suppress the rights of the worst people without touching the civil liberties of the mainstream, consider this. I used to work at an organization that the Southern Poverty Law Center considers a hate group, the Alliance Defending Freedom. Its deemed a hate group in large part because it holds to an orthodox Christian view of sexual morality and gender identity. I hold those same views. Im also a concealed-carry permit holder. My wife and I carry a weapon virtually all the time because of threats, ironically enough, from the alt-right. Should the ACLU defend my right to speak?

Sadly, there are many Americans who would say no. They hate my viewpoint too much. They hate guns too much. The allure of power and control is too strong. They see little value in dissent, especially on the most sensitive cultural issues, and they utterly reject the concept of an armed citizenry. Yet even terrible crimes shouldnt cause us to retreat from our commitments to liberty.

Our constitutional republic and our culture of free speech have endured and prospered in the worst of attacks, events far worse than even the dreadful crimes in Charlottesville. It suffers, however, in the face of cultural retreat and surrender. The alt-right is too pathetic to warrant the slightest compromise. Yet thats exactly what the ACLU did, and short-sighted Americans applauded.

The alt-right hates American traditions and American liberties. Why grant it the slightest influence over American life?

David French is a senior writer for National Review, a senior fellow at the National Review Institute, and an attorney.

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After Charlottesville, the First and Second Amendments Are Under Fire - National Review

Proposed federal legislation would nullify NY SAFE Act – Hudson Valley 360

Congressman Chris Collins, R-NY 27th District, with offices in Geneseo and Lancaster in Western New York, introduced a bill in Congress that would preserve Second Amendment rights by limiting the states authority to ban certain rifles and shotguns through state and local legislation.

If passed by both houses and signed by the President, the bill could void much of the SAFE Act.

In a statement released on July 31, Congressman Collins announced introduction of the Second Amendment Guarantee Act (SAGA). Congressman Collins, who originally hails from Schenectady, proposed new measures for protecting Second Amendment rights by introducing legislation to limit state authority when it comes to regulating rifles and shotguns, commonly used by sportsmen and sportswomen.

SAGA was crafted to stop states from enacting and enforcing regulations of rifles and shotguns that are more restrictive than what is required by federal law. Upon passage of this bill most of the language included in New York States Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 signed into law by Governor Andrew Cuomo would be void.

According to a press release from Congressman Collins, Governor Cuomos SAFE Act violates federal regulation and the following provisions would be void under the proposed legislation:

Cuomos SAFE Act expanded rifle and shotgun bans to include semi-automatic guns with detachable magazines that possess certain features.

The Cuomo SAFE Act banned the capacity of magazines that hold more than 10 rounds of ammunition. It further limited magazines to seven rounds at any time.

This legislation would protect the Second Amendment rights of New Yorkers that were unjustly taken away by Andrew Cuomo, said Collins. I stand with the law-abiding citizens of this state that have been outraged by the SAFE Act and voice my commitment to roll back these regulations.

In the Collins bill, states or local governments would not be able to regulate, prohibit or require registration and licensing (that are any more restrictive under Federal law) for the sale, manufacturing, importation, transfer, possession or marketing of a rifle or shotgun. Additionally, rifle or shotgun includes any part of the weapon including any detachable magazine or ammunition feeding devise and any type of pistol grip or stock design.

Under this legislation, any current or future laws enacted by a state or political subdivision that exceeds federal law for rifles and shotguns would be void.

When Congressman Collins announced the legislation on July 31, he was accompanied by supporters of Second Amendment rights from the Hamburg Rod & Gun Club, Rochester Brooks Gun Club, representatives from SCOPE, Erie County Sheriff Tim Howard, NYS Senators Rich Funke and Rob Ortt, NYS Assemblyman Peter Lawrence and Erie County Government Officials.

I spoke with Sara Minkel, Communications Director for Congressman Collins, who provided an update; The bill just received two co-sponsors Congressman Tom Reed, R-NYs 23rd District and Congressman David Valadao, R-Hanford, Ca.

She advised the best way to support the SAGA Act, (H.R. 3576), is to contact your local congressman. For our area, Congressman John Faso, R-19 District can be reached at his Washington, DC Office at:

1616 Longworth HOB

Washington, DC 20515

Phone: (202) 225-5614

Fax: (202) 225-1168

While the prospects for passage of SAGA are challenging, those calling for repeal of SAFE through the state legislative mechanism face a much more daunting task.

While the NYS Senate might make some headway, the current make-up of the NYS Assembly will make full repeal highly unlikely. Even if the assembly passed repeal legislation, as long as Governor Cuomo is in office, all he needs do is simply veto the measure with no threat of an override.

Closer to home in Leeds last Saturday, the Columbia Greene Friends of NRA held their annual banquet at Anthonys Banquet Hall.

Local leaders of the state legislature and law enforcement attended to show their support of the Second Amendment and rejection of the NY SAFE Act. Assemblyman Peter Lopez and Stephanie Gardinier, of Senator Kathy Marchiones office, joined Columbia County Sheriff David Bartlett, Greene County Sheriff Greg Seeley, and Senior Colonie Town Justice, Peter Crummey at the event to raise funds for local organizations supporting the shooting sports.

Sheriff Bartlett is seeking re-election in November and Judge Crummey is running for NYS Supreme Court Judge. If you value your Second Amendment rights, you can be assured Sheriff Bartlett and Judge Crummey stand with you on this important issue.

The key organizer of the Columbia-Greene Friends of NRA banquet, Barbara Brandon, declared the event an unequivocal success. About 200 people attended including Columbia County Clerk Holly Tanner, Judge Ron Banks, ECO Lt. Liza Bobseine and local sportsmens representatives.

According to the NRA, Friends of NRA banquets boil down to one goal fund raising for the future of the shooting sports. Since its inception in 1992, Friends of NRA has held more than 17,000 events, reached more than 3 million attendees and raised more than $600 million for the NRA Foundation, a 501 (3) charitable organization.

The proceeds from this banquet were once again raised for the creation or enhancement of local shooting sports programs. Organizations that have received grants in the past include Boy Scout and 4H shooting programs, the Youth Hunter Education Program, Hunters Helping the Hungry, local high schools, sportsmens clubs and law enforcement.

The Kinderhook Sportsmens Club is hosting a Chicken BBQ on Saturday, Aug. 27.

Cost is $12 for adults and $8 for kids under 12.

NY Bowhunters is holding an introductory class at Field & Stream in Latham on Wednesday, Aug. 30, from 6-8 p.m. entitled, Archery 101. To register, call 518-785-3270 and ask to speak to an Archery Associate.

Happy Hunting, and Fishing, and be safe until next time.

You can also share any comments with our sports department at sports@registerstar.com

*If you have a fishing or hunting report, photo, or event you would like to be considered for publication, you can send it to: huntfishreport@gmail.com

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Proposed federal legislation would nullify NY SAFE Act - Hudson Valley 360

Ban the Open Carry of Firearms – New York Times

Photo Members of a militia at Charlottesville, Va. Credit Joshua Roberts/Reuters

When militia members and white supremacists descended on Charlottesville, Va., last Saturday with Nazi flags and racist placards, many of them also carried firearms openly, including semiautomatic weapons. They came to intimidate and terrify protesters and the police. If you read reports of the physical attacks they abetted, apparently their plan worked.

They might try to rationalize their conduct as protected by the First and Second Amendments, but lets not be fooled. Those who came to Charlottesville openly carrying firearms were neither conveying a nonviolent political message, nor engaged in self-defense nor protecting hearth and home.

Plain and simple, public terror is not protected under the Constitution. That has been the case throughout history. And now is the time to look to that history and prohibit open carry, before the next Charlottesville.

Historically, lawmakers have deemed open carry a threat to public safety. Under English common law, a group of armed protesters constituted a riot, and some American colonies prohibited public carry specifically because it caused public terror. During Reconstruction, the military governments overseeing much of the South responded to racially motivated terror (including the murder of dozens of freedmen and Republicans at the 1866 Louisiana Constitutional Convention) by prohibiting public carry either generally or at political gatherings and polling places. Later, in 1886, a Supreme Court decision, Presser v. Illinois, upheld a law forbidding groups of men to parade with arms in cities and towns unless authorized. For states, such a law was necessary to the public peace, safety and good order.

In other words, our political forebears would not have tolerated open carry as racially motivated terrorists practiced it in Charlottesville. They did not view open carry as protected speech. According to the framers, the First Amendment protected the right to peaceably not violently or threateningly assemble. The Second Amendment did not protect private paramilitary organizations or an individual menacingly carrying a loaded weapon. Open carry was antithetical to the public peace. Lawmakers were not about to let people take the law into their own hands, so they proactively and explicitly prohibited it.

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Ban the Open Carry of Firearms - New York Times

Laguna Vigil For Victims of Illegal Immigrants Never Bothered to Invite Victims, Advocacy Groups – OC Weekly

Friday, August 18, 2017 at 8:28 a.m.

Juan Cadavid a.k.a. Johnny Benitez is currently making headlines for his August 20 event in Laguna Beach titled America First! Electric Vigil, ostensibly held for the victims of "illegals" and refugees. Riding off the fumes of last weekend's events in Charlottesville, over 500 people are set to counter-protest what they're dubbing a "white supremacist rally," as Cadavid plans to speak alongside fellow alt-losers Baked Alaska and The Red Elephants founder Vincent James.

Cadavid maintains this event is about the message of America First and victims of illegals. Surely he'll have victims or their families come out to speak, or is he's at least in touch with them, right?

TheWeekly called up the two most prominent organizations that deal with the victims of crimes committed by undocumented folks: The Remembrance Project and the newly created Advocates for Victims of Illegal Alien Crime. We asked if their organizations had been in contact with Cadavid about the event, or received any proceeds from his recent Make Men Great Again event that he promised to victims and their families. And the answer is a big, fat NOPE.

"Please know that I nor [President] Tim Lyng have been contacted by Johnny Benitez," or any of his aliases, Remembrance Project National Director Maria Espinoza told the Weekly

"AVIAC has never received a contribution from Johnny Benitez," or his aliases, AVIACPresidentDon Rosenberg said. "He has never been in contact with me or Mary Ann Mendoza, AVIAC Vice-President, or to the best of my knowledge any other AVIAC board member."

When asked by the Weekly if he's been in contact with those two groups, or any families or victims of undocumented people, Cadavid said he "at one point exchanged messages" with Jamiel Shaw Sr. but that wasn't the point. "Individual victims aren't relevant," he told the Weeklyvia email. "The point is to highlight that there are many victims of immigration."

Having a vigil for a group of people and not inviting them, their families or even the groups that represent them? You'd figure Cadavid knows this is important considering he led a vigil for Kelly Thomas alongside Kelly's mother Cathy Thomas when he was was trying to pass himself off as a leftist.

As far as the donations from his Make Men Great Again event, Cadavid, claims he made no profit off of it, so there'll be no donations. He originally posted paperwork for the event, which listed the price tag at $4,095, butclaims the price jumped to $9,009 due to Old World making him rent out the entire restaurant and hire 14 armed guards after alleged leftist threats to Old World Huntington Beach. Rather than switch venues for a cheaper price, he went through with the event because he didn't want to let the event get shut down by the Left and claims he ended up paying around $10,000.

"Online ticket sales and booth sales amounted to roughly 5k," Cadavid wrote. "There was not profit, just a tremendous out-of-pocket expense thanks to leftist threats and harassment."

The event's Facebook pagelists that 178 people attended, and that tickets were $35. $35 times 178 equals $6,230. You also have to consider theeventbrite pagewhich charged people who wanted to eat at the event $62. $62 times 178 people equals $11,036, which would've given him a profit even after the alleged raised costs. And then there was a GoFundMe page that solicited donations for the event, that he mysteriously deleted. Hmm...

When we asked him to send us proof he paid and earned the amounts he claimed, Cadavid never responded.

Link:
Laguna Vigil For Victims of Illegal Immigrants Never Bothered to Invite Victims, Advocacy Groups - OC Weekly

Report: Link Between Chicago Murders And Illegal Immigration ‘Groundless’ – WBEZ

U.S. Attorney General Jeff Sessions suggested Wednesday that Chicagos status as a so-called sanctuary city for undocumented immigrants contributes to the citys high murder total.

Last year, Chicagos 2.7 million residents experienced more murders than the 12 million people who live in New York and Los Angeles combined, Sessions said in a speech from Miami. Respect for the rule of law has broken down in Chicago. The sanctuary city policies are one sad example of that.

But a fact-check published Thursday by the Better Government Association and PolitiFact says the connection Sessions made between violent crime and city immigration policies is groundless.

Matt Dietrich, who wrote the fact-check, said there is ample evidence that Chicagos high murder total is a result of gang violence and not illegal immigration.

Dietrich spoke with WBEZs Melba Lara on Thursday about his report. Below are highlights from their conversation

Matt Dietrich: There are a lot of elements that go into this fact-check but I think the overarching one is that Jeff Sessions is trying to connect a couple of dots here that simply cannot be connected. Hes taking Chicago and using it as an example because of the number of homicides and the amount of gun violence in Chicago, and hes equating that with illegal immigrants, in other words saying that if Chicago police would get tougher on immigration that the shootings and murders would go down.

Theres ample evidence and I think police superintendent Eddie Johnson has said it repeatedly that this is a product of gang violence in the city, not illegal immigrants.

Dietrich: The research says overwhelmingly that undocumented immigrants are much less likely to commit crimes. We quote in the fact-check from one of the authors of a study on this, and he says illegal immigrants are very motivated not to blow that opportunity by getting in trouble with the police. Theyre here mostly because the want to work and they have added incentive to not break the law.

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Dietrich: What Chicago has is a directive to police officers that they are not to use immigration status as grounds for detaining someone. They are not to question people about their immigration status. The interaction that they can have with federal immigration agents is very limited, by directive. However, that same directive also has a four-point clause that says that the conditions that I just described dont apply if a suspect has an outstanding criminal warrant, if the suspect has been convicted of a felony, if the suspect is a defendant in a case in which a felony charge is pending or if the suspect has been identified as a known gang member or admits that theyre a known gang member.

So as far as having an official policy that protects what Jeff Sessions calls criminal aliens, no, thats not true.

This interview has been edited for clarity and brevity. Click the play button to hear the entire segment, which was produced by Patrick Smith. Web story written by Justin Bull.

Continued here:
Report: Link Between Chicago Murders And Illegal Immigration 'Groundless' - WBEZ