Sunday, May 30, 2021
Wednesday, May 26, 2021
The dreaded 9th Circuit Court
Everyone knows the 9th Circuit Court is very crazy and very liberal-
And one of their recent rulings was 7-4 that people have no right to open carry.
The case was about a man in Hawaii who was trying to get a gun permit.
He applied for a permit to either carry openly or to carry concealed.
Not surprisingly, Hawaii denied his application, saying he didn't have an "urgent need" to carry a gun.
It blows my mind that states can still get away with requiring citizens to show proof of an "urgent need."
Now, this guy is walking around without a gun, and if he doesn't move out of Hawaii, he'll be gun-less unless the Supreme Court takes up this case.
The truth is, I am not a huge fan of open carry. But I believe everyone should have the right to do it.
I prefer concealed carry because I don't want to draw attention to myself, and I like the element of surprise.
But, where I live in Utah, it's not unusual to see a guy strolling through the grocery store with 1911 strapped to his hip.
And then there's my neighbor who always walks his kids to the bus stop strapped. (Our kids have been in school in person the entire year – thank goodness.)
Whether you choose to open or concealed carry, you may wish to get a good holster made of leather or Kydex.
Good leather makers include Galco and Milt Sparks.
Good Kydex makers include Blade-Tech and Bravo Concealment.
As I said I believe it's a person's right to choose how they carry their gun.
Most of the time, you'll find me with my Sig Sauer P365 in my pocket.
If I'm going up the mountain; you'll find my Springfield 1911 with my P365 in my pocket.
Both loaded with Speer Gold Dot ammo.
As I mentioned earlier this week, both will have a round in the chamber and ready to go.
Tuesday, May 25, 2021
Can An Executive Order from Biden Take Away Your Guns? from US Law Shield
“Can we expect any gun control executive orders soon?” he was asked at a press conference on March 26.
“Well, we’re looking at that right now,” he responded. “We’re looking at what kind of authority I have relative to imported weapons, as well as whether or not I have any authority to—these new weapons that are being made by 3D equipment that aren’t registered as guns at all, there may be some latitude there as well.”
The President’s attitude toward the Second Amendment hasn’t been met positively by most people across the country. According to an ABC/Ipsos poll from March 28, 2021, 57% of Americans disapprove of how President Biden handles gun violence.
But it doesn’t stop there. He’s being pressured by lawmakers to take executive action—such as reclassifying the Ruger AR-556 pistol as a rifle—and fast. White House Press Secretary Jen Psaki told reporters that executive orders were in the President’s playbook.
“When the President was the Vice President in the Obama-Biden administration, he helped put in place 23 executive actions to combat gun violence,” Psaki said at one of the daily press conferences. “It’s one of the levers that we can use—that any federal government, any President can use to help address the prevalence of gun violence and address community safety around the country.”
With 37 executive orders already on the books, will he sign one on gun control? If so, how might a potential executive order affect you, the law-abiding gun owner?
The Authority of the President
The President of the United States of America has the ability to issue executive orders. In fact, executive orders can be traced all the way back to this country’s first President, George Washington. An executive order is a means of issuing federal directives by the President to manage the federal government's operations. The legal or constitutional basis for executive orders has multiple sources.
The authority of the President to issue an executive order is not expressly stated in the United States Constitution but rather implied. This implied power comes from Article II, Section 1, which states: “The executive power shall be vested in a President of the United States of America.” Furthermore, Section 3 of Article II states that the President “shall take Care that the Laws be faithfully executed.”
In some cases, the President has statutory authority to issue executive orders, as codified in Title 3 of the Code of Federal Regulations with the force of law. Although the President does not need Congressional approval to issue an executive order, Congress can revoke an executive order by enacting new laws subject to the President’s veto power or withholding federal funding. However, executive orders are not without limitations and are subject to legal review by the federal courts and the U.S. Supreme Court.
The Extraordinary Power of Presidential Orders
Although executive orders are directives to the government and federal agencies—rather than individuals—many historical examples demonstrate the impact on individual rights. If an agency is forced to change a policy because of an executive order, then that policy can directly affect the average American.
In the many years since our founding as a country, some noteworthy executive orders issued by Presidents greatly affected people; some severely limited their rights under the Constitution and seem outright antithetical to our American ideals today. Here are some noteworthy examples:
- President Harry Truman: Faced with a massive strike by the steel industry during the Korean War, President Truman signed Executive Order 10340 on April 8, 1952. This order allowed the Secretary of Commerce to take possession of certain American steel mills and ordered all federal agencies to assist as necessary in the plant and facility seizures. This was quickly ruled by the Supreme Court to be unconstitutional.
- President Woodrow Wilson: Demonstrating that executive orders can impact specific aspects of life—even hunting—through Executive Order 1884, President Wilson made hunting using a “lantern, torch, bonfire, or other artificial light” a misdemeanour offence. Furthermore, Wilson signed many other executive orders covering hiring, anti-corruption efforts, telegraph and wireless services, and postal crimes. He even got involved in the day-to-day operations of the Panama Canal Zone… all by executive order.
- President Abraham Lincoln: President Lincoln took a drastic and controversial step to sign an executive order that suspended habeas corpus and the right of the accused to report unlawful detention. This was done to stop a Southern-sympathizing legislator from blocking the movement of Union troops to Washington, which was virtually undefended at the start of the Civil War. While the initial order only allowed for warrantless arrest between Philadelphia and Washington, D.C., President Lincoln also suspended habeas corpus and imposed martial law in Kentucky on July 5, 1864.
- President Franklin Delano Roosevelt (“FDR”): Through Executive Order 9066, President Roosevelt authorized the detention of more than 110,000 Japanese Americans. Taken mostly from the West Coast, approximately 60% of those interned were American citizens who were denied the right of habeas corpus and placed in detention facilities because of their Japanese ancestry.
Gold, Guns, and Presidential Orders
Another noteworthy FDR action occurred on April 5, 1933, when President Roosevelt signed Executive Order 6102, requiring Americans to surrender their gold (other than gold jewellery, gold coins, and a minimal amount of gold bullion) to the government for payment of the then prevailing value of the gold surrendered.
If you could be forced to surrender gold by executive order, is it a stretch to think that guns could be handled the same way? To date, a mandatory buyback has never been attempted. One failed 2020 presidential candidate memorably proclaimed during a debate in Houston, “Hell yes, we are going to take your AR-15, your AK-47.” Could this candidate have been thinking of a possible executive order?
Beyond executive orders, the President has other executive powers, such as issuing a proclamation and/or memorandum. A recent example of this is the banning of bump stocks. In 2018, President Donald Trump used his executive power, through a memorandum, to require the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to ban bump stocks by changing their regulations. Of course, President Trump is not the first to use his executive power to restrict firearms. After the Sandy Hook Elementary School shooting in 2012, President Barack Obama issued several executive actions involving gun control. These actions included:
- Directing federal agencies to share background check information with one another.
- Giving money to the states for sharing background check information.
- Reviewing the criteria of who should be prohibited from purchasing, possessing, or transferring firearms and ammunition.
- Launching a “safe and responsible” gun ownership campaign.
- Requiring federal law enforcement to trace guns recovered in criminal investigations.
- Under the Affordable Care Act, doctors may ask their patients about guns in their homes.
In Conclusion
Executive orders are a powerful tool of government that can easily change depending on the particular Commander-in-Chief and their desired policies. What will Biden do with his power? With over half of Americans polled voicing their disapproval on how President Biden handles gun laws, your guess is as good as ours. But given his recent comments, law-abiding gun owners should be on the lookout for an executive order that might impact their daily lives.
Read more: The Gun Control Playbook: Three Threats to Your Rights.
The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current; however, no claim is made to the accuracy of the information. We are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
Sunday, May 23, 2021
Staying mobile as we age
Several days ago, the kids wanted to go sledding.
So, we took them over to a decent-sized hill at one of the local high schools.
One of the sleds we have is like a snowboard.
It is not a real snowboard but a cheap, plastic sled that can stand up in the middle.
Kids kept begging to go down the hill on it.
This writer kept telling them no. It was not a good idea, and probably be injured.
However, as time wore on, starting thinking, "I could nail this request and make it down the hill without falling off."
So, when the kids asked again, oh, "why not."
Hopping on the snowboard and started cruising down the hill.
About halfway down, the sled turned a bit and flying off, landing hard on the back.
It was landing so hard that it almost knocked the wind out of the old lungs.
Shortly after the brilliant sledding excursion, the sciatic nerve started acting out.
A ton of pain was going all the way down the left leg.
Stubbornly, putting off going to the doctor until it got so bad that the wife insisted on going to the chiropractor.
The chiropractor said it is a "twisted pelvis" (whatever that means.)
The pain was still lingering, and the decision to go to a massage therapist was in the forecast.
Now, while exactly a massage type of guy.
Stepping into a spa, massage was not part of the lifestyle.
When the wife and this writer went to resorts, she gets the message, and this writer would do something else.
I do not think twice about dropping a bunch of money on a quality AR-15-
Nevertheless, I will not pay $160 to get a massage, and I tell my wife I do not want to know the total cost of hers when she is finished.
I did end up going to the massage therapist, which is certainly not a pleasant and relaxing massage.
Get this-
During the massage, this woman puts me in extreme pain and can see the grimace on my face.
She says to me, "I am glad you are not a butterfly."
I said, "huh?"
She says, "I am glad you can handle the pain. I call the guys I work on who cannot handle the pain and are not tough, butterflies."
Well, I guess it is good to know I am not a "butterfly."
However, I am still in a heck of much pain, and I will be going back for more to get me fixed up.
Of course, I am still hobbling around and am not very mobile right now.
Furthermore, this is on my mind since there is no way I am making a fast escape if someone tried to attack me.
However, it's also why I always train for the worst-case scenario where I will not getaway.
You must be fast and deadly in a self-defence situation if you are not mobile enough to flee.
Sure, Escaping is the ideal, but it is not always possible.
As I told a 74-year-old fellow who wrote to me recently-
"Be fast and deadly because the longer you are in the fight, the longer your attacker has a chance to do damage to you."
Now I'm off to ice my "twisted pelvis."
Saturday, May 22, 2021
The self-defense - Pummel Drill from Jason Hanson spybriefing.com
If I had to choose one range of hand-to-hand to teach a family member, it would be close-quarters.
That's because most street fights quickly devolve into a close-quarters scuffle, and you need to know how to win here.
So today, I'll cover a simple drill to help you become more confident and effective in this range.
It's called the pummel drill.
To do this drill, you start locked up with your opponent, where you grab their neck and arm, and they do the same.
You put the drill in action by "pummeling." back and forth, switching the hands, you grab their neck and arm.
This pummeling action will automatically teach you how to shift your weight and limbs as your partner moves.
And to stay engaged in the drill, you'll discover the small steps to take with your feet to keep you close and balanced.
As you move, you'll also notice openings where you could launch brutal attacks.
Here are a couple of examples for you:
For starters, you can take them down by grabbing a leg.
And the best part of this takedown is that you don't have to "shoot in" for it like a wrestler.
You "pluck" the leg while you're standing.
Instead of grabbing their arm to make this move, slightly lower your level by bending at your knees.
Now, take a step into your drill partner, knocking their weight and balance to their rear leg.
Making their front leg "light," and you can reach out and grab their leg behind the knee.
Finally, step in between his legs and trip him straight back to the ground.
In a real fight, this takedown will allow you to follow up and end things or escape - your choice-
The next move is a choke from a side headlock.
Making a move, slightly lower your level, bob under their arm and wrap both of your arms around their neck and arm.
Putting you in a safe position because you're to the side and rear of your opponent, out of punching range-
Plus, you have one of his arms tied up, exposing an entire side of his body to your knee strikes.
And if you feel like turning his lights out, you can choke him unconscious.
The choke happens when your one arm compresses the carotid artery on one side of his neck-
The pressure of your squeeze on his trapped arm drives his shoulder into the carotid artery on the other side.
When the choke is locked up, it takes ten, maybe twenty seconds of a squeeze to put someone to sleep - but then it's all over.
Finally, you can use the brutal straight-arm shove.
Instead of locking your arm around their neck, you thrust your straight arm into their chin, driving it up and back.
Shoving their head backwards, they can't advance on you or launch any significant strikes.
You can easily walk or run them backwards - or deliver kicks to the groin at your leisure.
This move gets truly devastating when you throw a slicing elbow into their throat-
If it's a life-or-death street fight, you could put all your weight into the elbow strike, crushing their windpipe.
They'll be too worried about breathing at that point to put up much of a struggle, so it's up to you how you follow up.
There are many other moves from here, but these three give you some simple but devastatingly effective options.
With just this handful of tools, you can dial up or down the violence, depending on the situation.
By learning and using the pummel drill, you can use it as the "shell" of your training...
And you build these other moves into the drill, which will turn them into hard-wired reflexes you can draw on if necessary.
Wednesday, May 19, 2021
Plans change - as do lifestyles
My wife is out of town for the next few days, which means a few things-
-the kids will eat cereal for three meals a day
-they will watch way too much TV and the Frozen movies for the 1,092 time
-their clothes don't have to match at all
And, my home defense plan will slightly change since it's just me in the house.
Typically, if our home alarm goes off, I grab my flashlight and gun and find the threat.
While I'm doing this; my wife calls 911.
It's a pretty simple plan, the way it should be.
But now, if the alarm goes off, I will still grab my gun and flashlight and see what's going on.
Then I will call 911 if need be.
I'm certainly not going to waste precious seconds and call 911 first when an intruder could be making his way to one of my kid's rooms.
Plus, if my alarm is going off, my alarm company will eventually call 911 on my behalf.
My wife called 911 to notify the police sooner and get them to our house fast if there was an actual home invasion.
Two more things-
Many people ask me if I use hearing protection as part of my home defense plan, and the answer is no.
That is the last thing I'm going to spend time on. I want my gun in my hand fast and dealing with the threat.
Plus, there's "auditory exclusion," so you'll be fine. (You'll barely hear the rounds anyway if you did have to fire your gun.)
Another thing I'm asked about often is if I use body armor for home defense.
I do own body armor, but the only time I would use it is some advanced notice.
For example, if a mob was coming toward my house and I had enough time, I would strap on the body armor.
However, if my alarm goes off at 2 am, I'm not taking any extra seconds to put on body armor.
I've got five kids throughout the house, and I'm making sure they're safe as quickly as possible.
Just my two cents.
Whatever you decide to do, make sure your plan is simple and fast.
My wife is out of town for the next few days, which means a few things-
-the kids will eat cereal for three meals a day
-they will watch way too much TV and the Frozen movies for the 1,092 time
-their clothes don't have to match at all
And, my home defense plan will slightly change since it's just me in the house.
Typically, if our home alarm goes off, I grab my flashlight and gun and find the threat.
While I'm doing this, my wife calls 911.
It's a pretty simple plan, the way it should be.
But now, if the alarm goes off, I will still grab my gun and flashlight and see what's going on.
Then I will call 911 if need be.
I'm certainly not going to waste precious seconds and call 911 first when an intruder could be making his way to one of my kid's rooms.
Plus, if my alarm is going off, my alarm company will eventually call 911 on my behalf.
My wife called 911 to notify the police sooner and get them to our house fast if there was an actual home invasion.
Two more things-
Many people ask me if I use hearing protection as part of my home defense plan, and the answer is no.
That is the last thing I'm going to spend time on. I want my gun in my hand fast and dealing with the threat.
Plus, there's "auditory exclusion," so you'll be fine. (You'll barely hear the rounds anyway if you did have to fire your gun.)
Another thing I'm asked about often is if I use body armor for home defense.
I do own body armor, but the only time I would use it is some advanced notice.
For example, if a mob was coming toward my house and I had enough time, I would strap on the body armor.
However, if my alarm goes off at 2 am, I'm not taking any extra seconds to put on body armor.
I've got five kids throughout the house, and I'm making sure they're safe as quickly as possible.
Just my two cents.
Whatever you decide to do, make sure your plan is simple and fast.
My wife is out of town for the next few days, which means a few things-
-the kids will eat cereal for three meals a day
-they will watch way too much TV and the Frozen movies for the 1,092 time
-their clothes don't have to match at all
And, my home defense plan will slightly change since it's just me in the house.
Typically, If our home alarm goes off, I grab my flashlight and gun and find the threat.
While I'm doing this; my wife calls 911.
It's a pretty simple plan, the way it should be.
But now, if the alarm goes off, I will still grab my gun and flashlight and see what's going on.
Then I will call 911 if need be.
I'm certainly not going to waste precious seconds and call 911 first when an intruder could be making his way to one of my kid's rooms.
Plus, if my alarm is going off, my alarm company will eventually call 911 on my behalf.
My wife called 911 to notify the police sooner and get them to our house fast if there was an actual home invasion.
Two more things-
Many people ask me if I use hearing protection as part of my home defense plan, and the answer is no.
That is the last thing I'm going to spend time on. I want my gun in my hand fast and dealing with the threat.
Plus, there's "auditory exclusion," so you'll be fine. (You'll barely hear the rounds anyway if you did have to fire your gun.)
Another thing I'm asked about often is if I use body armor for home defense.
I do own body armor, but the only time I would use it is some advanced notice.
For example, if a mob was coming toward my house and I had enough time, I would strap on the body armor.
However, if my alarm goes off at 2 am, I'm not taking any extra seconds to put on body armor.
I've got five kids throughout the house, and I'm making sure they're safe as quickly as possible.
Just my two cents.
Whatever you decide to do, make sure your plan is simple and fast.
Tuesday, May 18, 2021
Shield Nation: The 2A News You Need to Know from US Law Shield
Alabama
The Alabama Firearms Protection Act was introduced in the State House to help protect residents’ Second Amendment rights. The bill is intended to prohibit local enforcement of any new federal gun control laws.
Arizona
The Arizona State House approved a bill that would allow law-abiding gun owners to keep concealed and loaded firearms within their vehicles while picking up their children from school. The bill is now in the Senate awaiting further action.
Arkansas
State Representative Johnny Rye is sponsoring a Second Amendment sanctuary state bill to protect residents from federal gun regulations.
California
San Bernardino police executed a search warrant stemming from a traffic stop; during the search, they seized a 3D printer suspected of being used to create “ghost guns.”
Colorado
The Colorado State House is considering a bill that would mandate that gun owners secure their firearms when not in their possession and require Federal Firearm Licensed dealers to provide a locking device with every firearm sale or transfer. If passed, this law could make it difficult to access a firearm in self-defence situations.
Georgia
Towns County, Georgia, has joined over 40 other counties in the state that have passed Second Amendment sanctuary resolutions that support gun rights and oppose federal infringement.
The State House passed HB 218, which would grant recognition of concealed carry permits from any other state and direct the Attorney General to enter into Georgia WCL reciprocity agreements with other states if the bill becomes law.
Idaho
The State of Idaho declared itself a Second Amendment sanctuary in 2014. Still, several towns and counties continue to show their support for gun rights bypassing their own sanctuary resolutions to preserve constitutional gun rights.
Indiana
HB 1369, which passed the Indiana House by a 65-31 vote, would allow anyone who is lawfully able to carry to do so without a permit or license. It has moved to the State Senate for a vote.
Iowa
The State House passed HF 756, a constitutional carry bill that, if signed into law, would scrap the current law requiring Iowans to obtain a permit to purchase a handgun and a permit to carry generally in public. Anyone with a valid permit (from another state) could help constitutional carry in Iowa as well.
Kansas
A proposed State House Bill seeks to close a “loophole” that doesn’t exist by preventing individuals in involuntary mental health custody from owning guns until completing treatment. Still, local gun owners think the measure is a “solution in search of a problem” as the issue is already addressed under federal law.
If passed, Kansas House Bill 2058, which is now with the Senate, would expand handgun license reciprocity with other states.
Louisiana
Armed citizens are credited with limiting the number of fatalities in a public shooting at a gun store outside New Orleans that left three dead, including the suspect.
Maine
The town council of Fort Fairfield, Maine, recently voted unanimously to pass a Second Amendment sanctuary resolution, making it one of the first to pass such a resolution in the state.
Maryland
After partnering with gun control group Everytown for Gun Safety, the Baltimore Police Department will be the first in the nation to utilize the new Gun Trafficking Intelligence Platform—software “designed to lead police directly to the criminal selling illegal guns.”
Michigan
The Michigan Senate took steps to protect residents from anti-gun government overreach with the approval of Senate Resolution 22. However, the future of the resolution is unclear in the Michigan State House.
Missouri
The Missouri State House passed HB 85, which now moves to the Senate; the bill is intended to prohibit state and local police from enforcing any federal gun restrictions and penalize the local departments that engage in federal enforcement. The House also approved HB 52, a proposal that would allow residents with concealed pistol licenses to carry their firearms on buses and most trains.
Montana
Governor Gianforte signed into law HB 102, a major firearms bill that includes constitutional carry, advancing Montanans’ rights to keep and bear arms.
New Mexico
A proposed New Mexico bill that would expand current “red flag” laws, HB 193, was shelved for this legislative session. The controversial bill would allow police to obtain a court order to temporarily remove firearms from anyone based solely on their observations.
North Carolina
The Firearms Policy Coalition is suing Wake County Sheriff Gerald Baker for refusing to process new pistol purchases, and handgun carry permits dating back to the beginning of the pandemic.
North Dakota
The State House passed a bill exempting firearms, firearm accessories, and ammunition manufactured within the state from federal regulation. However, it’s unlikely to withstand a legal challenge if signed into law.
McKenzie County, North Dakota, declared itself a Second Amendment sanctuary, passing a resolution to oppose federal gun control and prohibit the use of public funds for anything that would infringe upon the right to keep and bear arms.
Oklahoma
The Oklahoma Senate passed Senate Bill 631, which is intended to protect residents from any legislation that infringes upon their rights as gun owners and would declare the state a Second Amendment sanctuary if signed into law.
Pennsylvania
Washington County is the seventh in the state to approve a Second Amendment sanctuary resolution, sending a strong message to lawmakers about the stance gun owners are taking.
South Carolina
The “Open Carry with Training Act” is now up for debate in the South Carolina State House. If passed, HB 3094 would allow gun owners to openly carry with a permit.
South Dakota
Great news for gun owners in South Dakota! The Senate State Affairs Committee unanimously passed a resolution upholding individuals’ Second Amendment rights, effectively declaring South Dakota a sanctuary state if approved. This comes on the heels of Bennett County declaring itself a Second Amendment sanctuary county.
Texas
Texas is taking a proactive approach to preserving the right to keep and bear arms; the “Second Amendment Sanctuary State Act,” HB 2622, has been highlighted as a priority item by Governor Abbott.
Virginia
The Loudoun County Board of Supervisors adopted a new ordinance banning firearms in county buildings, offices, and parks. The ban does provide several exemptions, however, including concealed carry permit holders visiting county parks.
Wisconsin
The Vernon County Board of Supervisors decided to table a Second Amendment sanctuary resolution indefinitely after an overwhelming number of participating residents voiced opposition at a public hearing.
For more 2A Times-News, check out U.S. LawShield on Facebook.
The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current. However, no claim is made to the accuracy of the information, and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
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- Push yourself everyday: Mentally & Physically
- The dreaded 9th Circuit Court
- Can An Executive Order from Biden Take Away Your G...
- Staying mobile as we age
- The self-defense - Pummel Drill from Jason Hanson...
- Plans change - as do lifestyles
- Shield Nation: The 2A News You Need to Know from...
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- Keep one in the Chamber!
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