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Gun control advocates are ceaseless innovators in the realm of limiting freedom. They continuously devise new and bizarre policies to undermine the Second Amendment rights of law-abiding Americans.

The U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen (2022) poses a serious problem for these gun control pioneers. In striking down New Yorks discretionary carry permitting regime, the court emphasized the proper test by which gun control measures should be judged against the Second Amendment right to keep and bear arms.

Justice Clarence Thomass opinion made clear that in order for a firearm regulation to pass constitutional muster it must fit within the text, history, and tradition of the Second Amendment right. Specifically, the opinion noted,

[w]hen the Second Amendments plain text covers an individuals conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nations historical tradition of firearm regulation. Only then may a court conclude that the individuals conduct falls outside the Second Amendments unqualified command.

This would appear to preclude many gun control advocates favorite policies. It should certainly preclude gun control policies that gun control advocates and anti-gun politicians have explicitly admitted are innovative.

To take a somewhat Antonin Scalia-like approach to the matter, Merriam-Webster defines innovative as characterized by, tending to, or introducing innovations. Innovations is defined as,

1: a new idea, method, or device: novelty2: the introduction of something new

An innovative gun control measure would be something that is foreign to the Nations historical tradition of firearm regulation, and thus prohibited under the Second Amendment.

Consider so-called red flag gun confiscation orders. These civil orders, sometimes termed extreme risk protection orders (ERPOs), empower the government to extinguish a persons Second Amendment rights and confiscate their firearms without due process.

Prior to Bruen, red flag backers were eager to stress the innovative quality of this gun control measure.

In 2019, Giffords Managing Director Robin Lloyd described state red flag laws as innovative policy solutions. In fact, the anti-gun group has repeatedly stressed that this manner of gun control is innovative.

In 2014, while pushing Californias red flag law (termed Gun Violence Restraining Orders in the not-so-Golden State) Everytown for Gun Safety put out a press release titled, Moms Demand Action Urges Passage of Innovative Gun Violence Prevention Bill.

In light of Bruen, a February 2 decision in the U.S. Court of Appeals for the Fifth Circuit invalidated a federal firearms prohibition (18 USC 922(g)(8)) that is based on a mere civil order. The decision explained,

The distinction between a criminal and civil proceeding is important because criminal proceedings have afforded the accused substantial protections throughout our Nations history. In crafting the Bill of Rights, the Founders were plainly attuned to preservation of these protections. See U.S. Const. amend. IV; U.S. Const. amend. V; U.S. Const. amend. VI; U.S. Const. amend. VIII. It is therefore significant that 922(g)(8) works to eliminate the Second Amendment right of individuals subject merely to civil process.

By this logic, red flag gun confiscation schemes would be found similarly unconstitutional.

To address another gun control measure, in January 2022, San Jose, Calif. enacted an ordinance requiring gun owners to maintain liability insurance in order to exercise their Second Amendment right.

Admitting the novel nature of the gun control, the City of San Jose posted two testimonials from gun control activists describing the innovative quality of the measure on its government website.

One testimonial quoted Everytowns Shannon Watts as stating Our grassroots volunteers have been proud to work hand-in-hand with the mayor, city council, and community partners to help get this innovative package of gun safety laws crafted and across the finish line." In another, a gun control advocate explained, This ordinance is an innovative approach to address the costs of gun violence

A January 24, 2022 press release from the city titled, San Jose poised to become the first city in the nation to require gun liability insurance and investment by gun owners in violence reduction, stressed the unconventional nature of the citys policy. Moreover, the release included a statement from Giffords Senior Counsel and Director of Local Policy Allison Anderman, who remarked, We applaud Mayor Liccardo and the City of San Jos for continuing to search for novel and innovative ways to prevent gun violence in the community and redress its harms. The mayor of San Jose boasted about how the bizarre insurance scheme was innovative in a June 8, 2021 tweet.

In the case of California, gun owners should question just how much of the states convoluted gun control regime is outside the nations historical tradition. According to gun control advocates, its quite a bit.

The California-based organization now named Giffords began in 1993 under the name Legal Community Against Violence. The group appears to acknowledge that much of the byzantine firearm regime they have helped enact in the last three decades broke new ground. Their materials state that California has been a trailblazer for gun safety reform for the past 30 years. Their own organizational history states, that in California the group assisted in drafting and passing innovative laws that served as a model for other states.

There is evidence that some California gun controllers may be ever-so-slowly catching on to their new reality.

In October 2007, California Gov. Arnold Schwarzenegger signed legislation requiring new models of handguns sold in the state feature microstamping technology once the technology was available. At the time, Brady Campaign to Prevent Gun Violence President praised California for "embracing this innovative technology."

The theory behind microstamping is that firearms could be equipped with a firing pin or other internal firearm part that could imprint unique microscopic identification marks onto ammunition cartridge cases when the gun is fired. For a host of reasons, explained in detail in this NRA-ILA Fact Sheet, this theory of microstamping" does not survive real world application.

On May 17, 2013, the California Department of Justice, under then-California Attorney General Kamala Harris, certified that the technology was available and started enforcing this novel firearm prohibition. In order for a handgun to be sold in California it must be included on the states roster of handguns that meet certain criteria, including containing microstamping technology. Since the microstamping requirement was certified in 2013, no new models of handguns have been added to the roster.

In March, U.S. District Court for the Central District of California Judge Cormac Carney, citing the Bruen decision, issued a preliminary injunction against Californias Unsafe Handgun Act (the states handgun roster scheme) in the case Boland v. Bonta. Judge Carney explained,

the government has failed to proffer any historical regulation analogous to the UHAs requirements, Plaintiffs have shown that they are likely to succeed on the merits of their claim that those requirements are unconstitutional.

On March 27, California Attorney General Rob Bonta defended Californias handgun roster regime by filing a notice of appeal in the case and sought to stay the preliminary injunction pending the appeal. However, while defending certain portions of the law, a press release from Bontas office explained The motion does not seek to immediately stop the part of the courts decision enjoining the microstamping requirement.

It seems that trying to defend a largely theoretical new technology as somehow in concert with the Nations historical tradition of firearm regulation may have proved too ludicrous, even for an anti-gun partisan like Bonta. This outcome certainly doesnt bode well for those seeking to mandate so-called smart gun technology.

By gun control advocates own admission, so much of what they seek to burden law-abiding gun owners with is innovative, and therefore should be precluded by a proper understanding of Bruen and the Second Amendment. However, those more concerned with having an actual impact on violent crime than harassing the law-abiding should take heart. Vigorously prosecuting and punishing those who use firearms or other weapons to commit criminal violence, while currently out of fashion, is well within the nations historical tradition.

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The Second Amendment v. Innovative Gun Control - NRA ILA

SEDRO-WOOLLEY, Wash., April 10, 2023On the Saturday before Easter, the state Senates majority Democrats passed what they call an assault weapons ban. In reality, the bill targets several of the most popular sporting and self-defense firearms in the country, including most modern sporting rifles and even some shotguns used for hunting and competition shooting.

My Republican colleagues and I debated the measure for nearly three hours, using the amendment process to try to point out the fallacies of their arguments and mitigate some of the damage the bill would do to the rights of Washingtonians and small business owners who work as legal firearms dealers.

As it turned out, I was the only one able to get an amendment accepted one to support our military members and allow them to keep their firearms when they are ordered to move to Washington.

The proponents of this bill and I agree on one thing and one thing only. We are in a crisis in Washington. But it is a crisis of general lawlessness across our communities, one exacerbated by bad legislative decisions over the past several legislative sessions.

We have seen soft-on-crime policies, releasing criminals from incarceration; vilification of our law enforcement officers; toleration of life-destroying drug proliferation and use; failure to address mental health adequately; and poor decisions during the COVID lockdowns resulting in learning loss and depression among our youth. We need to focus on addressing the root causes leading to chaos and violence, not vilify firearm ownership.

Our nation has always had a history of gun ownership, and the Second Amendment to the U.S. constitution enshrines our naturally endowed right to defend ourselves and our families. But what we have not always seen what is new to the moment is the devastating loss of life we have witnessed due to crime, suicide, mass shootings and senseless violence.

House Bill 1240 declares the violent and inappropriate use of firearms appeal[s] to troubled young men intent on becoming the next mass shooter. But where is the effort to help these troubled young males and heal whatever there is inside of them that is broken and leading to violence and rage?

Instead, this bill goes after the implement, and completely ignores the underlying root causes of the problems we see today.

The problems are not just reflected in deaths caused by a demented person with a firearm. We see it in the increase of drug-related deaths, teen suicides, wrong-way and drunk-driving assaults on our roads, and in the sunken eyes of lost souls we see roaming our streets with unattended-to mental-health and substance-abuse issues.

It is reflected in fatherless homes producing rudderless young men who feel hopeless and unsure of their place in this world. It is reflected in the general lawlessness we have seen explode across this state, thanks in large part to the failed policies of the Democrat majority in the Legislature and Governor Inslee.

Banning some of the most popular firearms kept and used by law-abiding citizens today will do nothing to address these problems. Absolutely zero.

Look no further than the City of Seattle. Despite Washington ranking in the Top 10 nationally for gun control for the past five years, we have seen the number of shootings fatal or not and shots-fired events in our largest city hit an all-time high in 2022.

The fact of the matter is the law created by this bill will just be more of the same. Worse still, it will give the victims of these crimes and all Washingtonians a false sense of security that something is being done.

And lets not forget that this ban is also blatantly unconstitutional, and likely to cost taxpayers crucial dollars that could be invested in mental health and public safety, but which will instead be used trying to unsuccessfully defend this law in the courts.

HB 1240 now goes back to the House to reconcile changes between the version that passed the Senate and the one that passed the House earlier this year. That means there is still time for lawmakers to do the right thing, put this bill down, and set their sights on real solutions.

Sincerely,Senator Keith Wagoner, R-Sedro-WoolleyWashington State Legislature

Editors Note:Letters-to-the-Editor do not reflect the views of the Lynnwood Times, its publisher nor those of its employees and contributors, and are solely those of the author.

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Commentary: Attacking the Second Amendment doesnt address ... - Lynnwood Times

On the Saturday before Easter, the state Senates majority Democrats passed what they call an assault weapons ban. In reality, the bill targets several of the most popular sporting and self-defense firearms in the country, including most modern sporting rifles and even some shotguns used for hunting and competition shooting.

My Republican colleagues and I debated the measure for nearly three hours, using the amendment process to try to point out the fallacies of their arguments and mitigate some of the damage the bill would do to the rights of Washingtonians and small business owners who work as legal firearms dealers.

As it turned out, I was the only one able to get an amendment accepted one to support our military members and allow them to keep their firearms when they are ordered to move to Washington.

The proponents of this bill and I agree on one thing and one thing only. We are in a crisis in Washington. But it is a crisis of general lawlessness across our communities, one exacerbated by bad legislative decisions over the past several legislative sessions.

We have seen soft-on-crime policies, releasing criminals from incarceration; vilification of our law enforcement officers; toleration of life-destroying drug proliferation and use; failure to address mental health adequately; and poor decisions during the COVID lockdowns resulting in learning loss and depression among our youth. We need to focus on addressing the root causes leading to chaos and violence, not vilify firearm ownership.

Our nation has always had a history of gun ownership, and the Second Amendment to the U.S. constitution enshrines our naturally endowed right to defend ourselves and our families. But what we have not always seen what is new to the moment is the devastating loss of life we have witnessed due to crime, suicide, mass shootings and senseless violence.

House Bill 1240 declares the violent and inappropriate use of firearms appeal[s] to troubled young men intent on becoming the next mass shooter. But where is the effort to help these troubled young males and heal whatever there is inside of them that is broken and leading to violence and rage?

Instead, this bill goes after the implement, and completely ignores the underlying root causes of the problems we see today.

The problems are not just reflected in deaths caused by a demented person with a firearm. We see it in the increase of drug-related deaths, teen suicides, wrong-way and drunk-driving assaults on our roads, and in the sunken eyes of lost souls we see roaming our streets with unattended-to mental-health and substance-abuse issues.

It is reflected in fatherless homes producing rudderless young men who feel hopeless and unsure of their place in this world. It is reflected in the general lawlessness we have seen explode across this state, thanks in large part to the failed policies of the Democrat majority in the Legislature and Governor Inslee.

Banning some of the most popular firearms kept and used by law-abiding citizens today will do nothing to address these problems. Absolutely zero.

Look no further than the City of Seattle. Despite Washington ranking in the Top 10 nationally for gun control for the past five years, we have seen the number of shootings fatal or not and shots-fired events in our largest city hit an all-time high in 2022.

The fact of the matter is the law created by this bill will just be more of the same. Worse still, it will give the victims of these crimes and all Washingtonians a false sense of security that something is being done.

And lets not forget that this ban is also blatantly unconstitutional, and likely to cost taxpayers crucial dollars that could be invested in mental health and public safety, but which will instead be used trying to unsuccessfully defend this law in the courts.

HB 1240 now goes back to the House to reconcile changes between the version that passed the Senate and the one that passed the House earlier this year. That means there is still time for lawmakers to do the right thing, put this bill down, and set their sights on real solutions.

Sen. Keith Wagoner, R-Sedro-Woolley, represents the 39th Legislative District. He serves as the Senate Republican Whip and is a member of the Senate Law and Justice Committee.

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Attacking Second Amendment doesn't address core causes of ... - Whitman County Gazette

Gov. Kristi Noem will be in Indianapolis on Friday, attending the National Rifle Association convention and is scheduled to give remarks at the group's annual leadership forum.

She gave a New Hampshire radio show Wednesday a preview of her remarks, saying she would speak about the history of the Second Amendment and why its important.

Its not just about standing for freedom, its also about winning the hearts and minds of Americans, Noem said on Good Morning NH, adding the NRA needs to have a clear message about why its members continue to defend the Second Amendment.

I dont know of any other grandma thats going to be standing there giving a speech to the NRA. I dont know of any other mom standing there talking about these things," Noem said. "Im a different kind of messenger for the NRA, but I am the NRA."

Noem will also receive the 2023 NRA Distinguished Hunters Leadership Award on Thursday evening ahead of the conventions start. She will be presented the award, because of her accomplishments in promoting hunters and hunting and the North American Model of Wildlife Conservation.

Noem is also expected to sign an executive order during her speech Friday, according to Ian Fury, the governor's spokesperson. The order will "further protect the Second Amendment rights of South Dakotans." Exact details are unclear at this time.

More: In contrast to some elected leaders, poll shows SD voters support more gun restrictions

The second term governor, an avid hunter, is a staunch supporter of the NRA. One of her first actions as governor in 2019 was signing a constitutional carry bill that allowed for concealed carry without a permit.

The NRAs political donation wing, the NRA of America Political Victory Fund, has also donated to Noems political career, especially when she served in Congress. Between 2011 and 2016, the NRA Political Victory Fund donated at least $7,000 to her House campaigns, according to federal campaign finance reports.

She's also had A-plus ratings and endorsements from the NRA ahead of elections.

Its not the first time Noem has spoken at an NRA convention. In May 2022, days after a gunman in Uvalde, Texas, killed 21 children and adults at a local elementary school, Noem told the audience at the NRA convention in Houston the U.S. needed a stronger gun lobby.

More: At NRA convention, Gov. Kristi Noem accuses Democrats of using tragedy to advance gun control agenda

This years NRA convention comes on the heels of two mass shootings in recent weeks across the United States, including a shooting at a private Catholic school in Tennessee where three children and three adults were killed.

At least 149 mass shootings have happened in the U.S. since January, according to the Gun Violence Archive, a non-profit group that tracks gun violence through police reports, news articles and other public sources.

Other expected speakers at the NRA leadership forum include former President Donald Trump, former Vice President Mike Pence, with video messages from Florida Gov. Ron DeSantis and former South Carolina Gov. Nikki Haley.

Trump and Haley are currently running for the GOP nomination for the 2024 presidential race.

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Kristi Noem says 'I am the NRA' ahead of NRA 2023 national ... - Argus Leader

Charlie Kirk, the conservative founder and president of Turning Point USA, said during an organizational event on Wednesday that gun deaths in exchange for the preservation of Second Amendment rights is part of America's reality.

Kirk's comments come about one week after three children and three adults were killed at the Christian Covenant School in Nashville, Tennessee.

The Nashville mass shooting was the 130th mass shooting in the United States in 2023, according to the Gun Violence Archive, an online database of gun violence incidents across America using data collected from law enforcement, media, government and commercial sources.

The U.S. has averaged more than one mass shooting per day since the start of 2023, per the archive, which puts the nation on track to exceed the 647 recorded mass shootings of 2022.

"You will never live in a society when you have an armed citizenry and you won't have a single gun death," Kirk said at a Turning Point USA Faith event on Wednesday, as reported by Media Matters for America. "That is nonsense. It's drivel. But I amI think it's worth it.

"I think it's worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our other God-given rights. That is a prudent deal. It is rational. Nobody talks like this. They live in a complete alternate universe."

He added that "having an armed citizenry comes with a price, and that is part of liberty." Other solutions he mentioned included armed guards at school buildings, as well as "having more fathers in the home."

Kirk also compared gun deaths to fatalities resulting from automobile accidents.

"Having an armed citizenry comes with a price, and that is part of liberty," he said. "Driving comes with a price50,000, 50,000, 50,000 people die on the road every year. That's a price. You get rid of driving, you'd have 50,000 less auto fatalities. But we have decided that the benefit of drivingspeed, accessibility, mobility, having products, services is worth the cost of 50,000 people dying on the road.

"So we need to be very clear that you're not going to get gun deaths to zero. It will not happen. You could significantly reduce them through having more fathers in the home, by having more armed guards in front of schools. We should have a honest and clear reductionist view of gun violence, but we should not have a utopian one."

However, according to Centers for Disease Control and Prevention (CDC) data analyzed by The Trace, firearm injuries now represent the 12th leading cause of death in the U.S. and have surpassed car crashes in five consecutive years.

There were 48,832 gun-related deaths in 2021 per CDC datathe highest single-year number on record and up 8 percent compared to 2020.

The New England Journal of Medicine, also citing CDC data, reported that in 2020 firearm-related injuries became the leading cause of death in individuals between 1 and 19 years of agesurpassing both traffic-related and nontraffic-related deaths for the first time.

On Wednesday, in response to the Nashville shooting, students walked out of class at reportedly more than 300 schools in 42 states and Washington, D.C., as a national call for gun safety legislation, according to StudentsDemandAction.org. It was organized by Students Demand Action and Moms Demand Action, both part of Everytown for Gun Safety's grassroots network.

"The fact that guns are the leading killer of children and teens and more than 40,000 people are killed by guns every year in this country is not 'a prudent deal'it's an obscene tragedy," Shannon Watts, founder of Moms Demand Action, told Newsweek via email in response to Kirk's remarks. "Gun safety laws are proven to save lives and are constitutional. Any suggestion otherwise is shilling for the gun industry as they seek to maximize profits with no regard for the safety of our children."

A Gallup poll conducted in February found that 63 percent of Americans were dissatisfied with U.S. gun lawsthe highest number in 23 years of surveys. Responses were mostly across party lines, with Democrats and the majority of independents expressing discontent with gun laws and believing that gun control legislation has not gone far enough.

"While I hate to give oxygen to a radical carnival barker like Charlie Kirk, it's important that people hear the facts," Chris Harris, vice president of gun control group GIFFORDS, told Newsweek via email. "The truth is, this is a false choice concocted by the gun lobby. We can affirm law-abiding Americans' right to bear arms while simultaneously protecting innocent people from being gunned down at work, school or church.

"That's why the vast majority of gun owners support common sense gun laws to keep deadly weapons away from people at clear risk of harming themselves or others."

Kris Brown, president of gun control organization Brady, told Newsweek via email that Americans' concerns about gun violencefrom school shootings to violent street crimecontinue to climb their priorities list and is signifying a shift in the political status quo.

She said the time has passed for excuses and "thoughts and prayers."

"I would dare Mr. Kirk to ask the parents and family of a gun violence victim if they believe their child's life was worth an extremist view of the Second Amendment that allows anyone, anywhere to own and carry a weapon of war," Brown said. "That is the reality too many American families face every day, when they get that phone call and are told they will never see their child alive again because of this country's lax gun laws."

Last week, House Democrats called on Speaker Kevin McCarthy and Judiciary Chairman Jim Jordan to schedule a vote on an assault weapons ban.

California Representative Mike Thompson also again put forward background check legislation, saying Republicans are not "serious" about protecting Americans.

Thompson told Newsweek via email that Kirk's statements are "asinine."

"Who chooses which lives Charlie Kirk wants to sacrifice?" Thompson said. "Reasonable and responsible people know you can save lives and protect our Second Amendment."

Newsweek reached out to Turning Point USA for comment.

Update 4/6/23, 9:06 p.m. ET: This story was updated with additional information.

Correction 4/6/23, 9:45 p.m. ET: The headline on this article has been changed to add proper context to Charlie Kirk's comments. We regret the error.

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Charlie Kirk Says Gun Deaths 'Unfortunately' Worth it to Keep 2nd Amendment - Newsweek